UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76685591
APPLICANT: Warrior Extreme Sports, LLC
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November 2, 2009 |
CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: MOHAWK
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CORRESPONDENT’S REFERENCE/DOCKET NO: 810-T-11-USA
CORRESPONDENT EMAIL ADDRESS: |
Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examiner’s name and “Intent to Use Section”. 4. Your telephone number and e-mail address.
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Serial Number 76685591
EXTENSION REQUEST MEETS MINIMUM REQUIREMENTS – OTHER REQUIREMENTS NEED SATISFYING
The request for extension of time to file a statement of use (extension request) filed on October 9, 2009, meets the minimum filing requirements and is provisionally accepted. However, to avoid abandonment of the application, a response satisfying the deficiencies below must be received in the United States Patent and Trademark Office (USPTO) within thirty (30) days from the mailing date of this letter, or before expiration of the current extension period, whichever is longer.
EXTENSION REQUEST IS DEFICIENT AS FOLLOWS:
FILER’S CHAIN OF TITLE TO APPLICATION NOT CLEAR: The filer of the extension request does not appear to have clear chain of title to the application. According to Office records, the owner of the subject application is WARRIOR EXTREME SPORTS, LLC; however, the filer of the extension request is identified as WARRIOR CUSTOM GOLF, INC.
The party filing the extension request must be the owner of the mark at the time of filing. 15 U.S.C. §1051(d); 37 C.F.R. §§2.89(a)(3) and (b)(3); TMEP §1108.02(a). Clear chain of title is generally established by satisfying one of the following:
(1) submitting documentary evidence of ownership and chain of title in the filer of the extension request (e.g., copies of signed documents transferring ownership, or a written explanation of the valid transfer of legal title that has occurred in an affidavit or declaration under 37 C.F.R. §2.20); or
(2) recording ownership and chain of title documents with the Assignment Services Division of the USPTO and promptly notifying the undersigned of their recordation. To expedite recordation, the owner is encouraged to file requests for recordation through the Electronic Trademark Assignment System (ETAS) at http://etas.uspto.gov. Please note there is a fee for recording ownership documents. TMEP §§503 et seq.
37 C.F.R. §§3.73 and 3.85; TMEP §§502 and 502.01.
CERTIFICATE OF FAX TRANSMITTING AND CERTIFICATE OF MAILING
ENSURE TIMELY SUBMISSION OF RESPONSES AND PETITIONS: Please note that the filing date of a document in the United States Patent and Trademark Office is the date of receipt in the Office, not the date of deposit in the mail. 37 C.F.R. §2.195. To avoid lateness due to mail delay, applicant is encouraged to submit its response by fax, using a certificate of facsimile transmission on the response. The fax number is 571-273-9394.
The following is a properly worded certificate of facsimile transmission. Applicant should add this certificate, properly completed, to its response before transmission.
CERTIFICATE OF FACSIMILE TRANSMISSION:
I hereby certify that this correspondence is being facsimile transmitted to the United States Patent and Trademark Office on the date below.
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Signature
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Print/Type Name of Signer
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Date
If applicant intends to submit its response via regular mail, then applicant is encouraged to use a certificate of mailing on the submitted documents. 37 C.F.R. §2.197. The following is a properly worded certificate of mailing for responses submitted on paper by regular mail.
CERTIFICATE OF MAILING:
I hereby certify that this correspondence is being deposited with the United States Postal Service with sufficient postage as first class mail in an envelope addressed to: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA, 22313-1451, on the date below.
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Signature
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Print/Type Name of Signer
________________________________
Date
Please call the undersigned with any questions.
/Amphone M. Sananikone/
Amphone Mary Sananikone
Paralegal Specialist
ITU/Divisional Unit
(571) 272-9394
(571) 273-9394 Fax
How to respond to this Office Action:
Your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE INTENT TO USE UNIT.