Petition to Revive Notice of Deficiency

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

PETITION TO REVIVE

NOTICE OF DEFICIENCY

 

U. S. Trademark Application Serial Number  76/710909

 

Your letter concerning the abandonment of your application was received on June 6, 2013.  The documents submitted do not establish that you are entitled to reinstatement of the application without a fee because they do not show on their face that a statement of use was timely received at the United States Patent and Trademark Office (USPTO).  TMEP §1712.01.  An application that has abandoned may be reinstated without a fee if it can be shown that the application abandoned due to an error on the part of the USPTO.

 

Examples of the type of proof that an applicant can submit with the request for reinstatement to demonstrate proof of receipt of a document at the USPTO include:

A verified statement that Notice of Allowance (NOA) was not received because the USPTO mailed it to the wrong address (either due to a mistake by the USPTO in entering the address or not entering a change of address submitted before the Office action or NOA was mailed);

A copy of the document previously submitted with a certificate of mailing date on or before April 23, 2013 or fax and a verified statement that this is a true copy of what was previously submitted to the Office.

Non-receipt of a notice of allowance is not entitled to reinstatement unless it was mailed to the wrong address due to a mistake by the USPTO.

Since the information you submit cannot support reinstatement of the application, your request is being considered as a petition to revive the application pursuant to Trademark Rule 2.66.  37 C.F.R. §2.66.

 

A petition to revive an application abandoned for failure to timely file a statement of use must be accompanied by: (1) a non-refundable petition fee of $100; (2) a written statement explaining that the delay was unintentional; (3) a statement of use, 37 C.F.R. §2.88, or a request for an extension of time to file a statement of use, 37 C.F.R. §2.89; and (4) the required fees for the number of extension requests ($150 per class) which should have been filed if the application had not been abandoned.

 

Please note that filing a petition does not stay the time for filing a statement of use.  37 C.F.R. §2.89(g); TMEP §§1108.05 and 1714.01(b)(i).  The second extension request or a statement of use for this application must be filed on or before October 23, 2013.[1] 

 

 

Please submit the items listed above (Petition fee of $100, a statement the the delay in responding was unintentional and the first extension request including fee of $150 ( $150 per class) thirty (30) days from the mailing date of this letter.  If no response is received within thirty (30) days, the USPTO will assume that you are no longer interested in further prosecution of the application and it will remain abandoned.

 

Please do not hesitate to contact this Office if you have any questions.

 

 

/Deborah D. Mays/

Deborah D. Mays

Paralegal Specialist

Petitions Office

Phone: 571 272-9575

Fax: 571 273-9575

deborah.mays@uspto.gov

 

 

How to respond to this Office action:

 

You are encouraged to respond to this Office action via the “Response to Petition to Revive Deficiency Letter” online response form available at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp (form number 10),

but please wait 48-72 hours before responding if you received notification of the Notice of Deficiency by e-mail.  For technical assistance with the online form, please e-mail TEAS@uspto.gov.

 

 

 

 

To check the status of your application at any time, visit the Trademark Status and Retrieval (TSDR) system at http://tsdr.gov.uspto.report/.

 

For general and other useful information about trademarks, you are encouraged to visit the USPTO web site at http://www.gov.uspto.report/main/trademarks.htm.