Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

NOTICE OF INCOMPLETE EXTENSION REQUEST

STRICT DEADLINE TO RESPOND TO THIS LETTER

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: 2/28/2014

U.S. Serial Number  76709996

The request for extension of time to file a statement of use (extension request) filed on February 24, 2014 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 issuance date of this letter, or before expiration of the current extension period, whichever is longer.

EXTENSION REQUEST IS DEFICIENT AS FOLLOWS:

GOOD CAUSE STATEMENT UNACCEPTABLE:  The submitted extension request does not specify the actions taken by applicant to make use of the mark in commerce.  Merely asserting that applicant is engaged in ongoing efforts is not sufficient; the efforts must be specified.  In re Comdial Corp., 32 USPQ2d 1863 (Comm’r Pats. 1993).  The explanation as to applicant’s ongoing efforts to use the mark in commerce must be verified in an affidavit or a declaration under 37 C.F.R. §2.20, and personally signed by applicant or a person authorized to sign on behalf of applicant.  15 U.S.C. §1051(d)(2); 37 C.F.R. §2.89(b)(4); TMEP §1108.02(f); see 37 C.F.R. §2.193(e)(1).

Examples of good cause include the following:  product or service research or development; market research; manufacturing activities; promotional activities; steps taken to acquire distributors; or steps taken to obtain required government approval.

EXAMPLE OF VERIFIED GOOD CAUSE STATEMENT:  The following statement and declaration under 37 C.F.R. §2.20 can be used to satisfy the requirement for a verified statement of applicant’s ongoing efforts to use the mark if properly completed and personally signed and dated by applicant or a person authorized to sign on behalf of applicant under 37 C.F.R. §2.193(e)(1):

Applicant has made ongoing efforts to use the mark in commerce by engaging in the following activities (check those that apply below):

___  product and/or service research and development;

___  market research;

___  manufacturing activities;

___  promotional activities;

___  taking steps to acquire distributors; and/or

___  taking steps to obtain required government approval.

Applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods and/or services in the notice of allowance; the undersigned being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of this document, declares that s/he is properly authorized to execute this document on behalf of the applicant; and all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

______________________________

Signature

______________________________

Print/Type Name and Position

______________________________

Date

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

________________________________

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

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Print/Type Name of Signer

________________________________

Date

There is time remaining in the statutory time period for filing a statement of use.  Applicant must respond to the outstanding issues raised in the Office action within the specified time period to avoid abandonment of the application. 

Please call the undersigned with any questions.

/Amphone M. Sananikone/

Amphone Mary Sananikone

Paralegal Specialist

Intent-To-Use/Divisional Unit

(571) 272-9394 - Phone

(571) 273-9394 - Fax

TO RESPOND TO THIS LETTER:  Use the Trademark Electronic Application System (TEAS) Response to Intent-to-Use (ITU)/Divisional Unit Office action form number 8 at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.  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 Status and Document Retrieval (TSDR) at http://tsdr.gov.uspto.report/.  Please keep a copy of the complete status screen.  If TSDR 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/trademarks/teas/correspondence.jsp.

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