Offc Action Outgoing

The statement of use filed on February 28, 2017, does not meet the minimum filing requirements and is not accepted for the reason(s) set forth below. Applicant may respond to this Office action by correcting the deficiencies noted below. Applicant’s response to this Office action must be received in the United States Patent and Trademark Office (USPTO) on or before September 1, 2017, the deadline for filing a statement of use or the previously granted extension period. 37 C.F.R. §2.88.

SUMMARY OF ISSUES that applicant must address:

· Fees

STATEMENT OF USE IS DEFICIENT AS FOLLOWS:

FEES FOR ALL CLASSES IN NOTICE OF ALLOWANCE REQUIRED: The fee of $200.00 submitted with the statement of use is insufficient to cover all the classes under Section 1(b) identified in the notice of allowance. Although a filing fee for at least one class of goods and/or services and/or collective membership organization is one of the minimum filing requirements for a statement of use, fees for all classes specified in the notice of allowance are required to perfect the statement of use. The filing fee is $100 per class if the statement of use is filed electronically or $200 if the statement of use is filed on paper. 15 U.S.C. §1051(d)(1); 37 C.F.R. §§2.6(a)(3), 2.88(b)(3), (c)(1); TMEP §§1109.01, 1109.15.

In this case, the notice of allowance specifies three classes and the filing fee for a statement of use with this number of classes is $600.00. Applicant must submit $400.00 to cover the fee deficiency (and comply with the other requirement(s) in this Office action) or specify the classes to be abandoned. If applicant does not submit the required fee or specify the classes to be abandoned, the Office will delete two classes from the application in descending numerical order, beginning with the highest numbered class. See 37 C.F.R. §2.88(b)(3).

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) 273-9507.

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

________________________________

Print/Type Name of Signer

________________________________

Date

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

Please call the undersigned with any questions.

/Lynette Patterson/

Paralegal Specialist

Office of Trademark Services

ITU/Divisional Unit

Phone - (571) 272-9507

lynette.patterson@uspto.gov

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. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail. All informal e-mail communications relevant to this application will be placed in the official application record.

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.

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.