Offc Action Outgoing

TO AVOID THE DENIAL OF YOUR REQUEST FOR EXTENSION OF TIME TO SUBMIT A STATEMENT OF USE, WE MUST RECEIVE A PROPER RESPONSE TO THIS NOTICE WITHIN THIRTY (30) DAYS OF THE ISSUE/MAILING DATE.

ISSUE/MAILING DATE: 4/20/2012

Serial Number 76700419

The request for extension of time to file a statement of use (extension request) filed on March 8, 2012 meets the minimum filing requirements and is provisionally accepted. However, applicant has not submitted fees for all the classes in the notice of allowance. Applicant must submit $150 in fees to cover the fee deficiency or specify the classes to be abandoned. 37 C.F.R. §2.89(a)(2), (b)(2). The additional fee(s) must be received in the United States Patent and Trademark Office (USPTO) within thirty (30) days from the issuance date of this letter, or before expiration of the current extension period, whichever is longer. If no response is received, the Office will delete one class(es) from the application, in descending numerical order, beginning with the highest numbered class. See 37 C.F.R. §2.89(a)(2), (b)(2); TMEP §1108.02(c).

FEE(S) INSUFFICIENT: The fee of $150 submitted with the extension request is insufficient to cover all the classes identified in the notice of allowance. Although a filing fee for at least one class of goods and/or services is one of the minimum filing requirements for an extension request, fees for all classes specified in the notice of allowance are required in order to perfect the extension request. The filing fee is $150 per class. 15 U.S.C. §1051(d)(2); 37 C.F.R. §§2.6(a)(4), 2.89(a)(2), (b)(2); TMEP §1108.02(c). In this case, the notice of allowance specifies two classes and the filing fee for an extension request with this number of classes is $300.

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 FAX TRANSMISSION:

I hereby certify that this correspondence is being facsimile transmitted to the United States Patent and Trademark Office on the date below.

________________________________

Signature

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Print/Type Name of Signer

________________________________

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

________________________________

Print/Type Name of Signer

________________________________

Date

Applicant must respond to the outstanding issues raised in this Office action within the specified time period to avoid abandonment of the application.

Please call the undersigned with any questions.

/Amphone M. Sananikone/

Amphone M. Sananikone

Paralegal Specialist

Intent-To-Use/Divisional Unit

571-272-9394 – phone

571-272-9394 – fax

TO RESPOND TO THIS LETTER: Use the Trademark Electronic Application System (TEAS) Response to Intent-to-Use (ITU) Office action form at http://www.gov.uspto.report/teas/eTEASpageD.htm. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov.

WHO MUST SIGN THE RESPONSE: It must be personally signed by (1) an individual applicant; (2) someone with legal authority to bind applicant (i.e., a corporate officer, a general partner, all joint applicants); or (3) an authorized attorney, if one is appointed to represent applicant. If an applicant is represented by an attorney, the attorney must sign the response.

TEAS PLUS APPLICATION: To maintain the reduced fee status, TEAS Plus applicant must respond online via TEAS. Otherwise, applicant is subject to an additional $50 fee for each class. 37 C.F.R. §§2.6(a)(1)(iv) and 2.23(a)(1)(i).

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/teas/eTEASpageE.htm.

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED ITU STAFF MEMBER IDENTIFIED ABOVE.