UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

SECOND ACTION

 

TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.

 

ISSUE/MAILING DATE: 8/8/2007

 

This letter responds to applicant’s communication filed on July 9, 2007. In an Office Action dated January 9, 2007, the examining attorney refused registration under Section 2(d) of the Trademark Act, finding a likelihood of confusion with the mark in U.S. Registration No. 2790077. The examining attorney also required applicant to amend its identification of services in Class 41, provide an amended drawing, and claim ownership of prior U.S. Registration No. 2898798. In its Response, applicant has provided an acceptable drawing, an acceptable amendment to its identification of services, and has claimed ownership of the cited registration. Applicant however, has not provided a signed declaration in claiming ownership of the cited registration, and the record presently indicates that the owner of U.S. Registration No. 2790077 is not applicant. Applicant must explain its claim of ownership of the registration. Thus, the refusal to register under Section 2(d) is continued and maintained, as is the requirement that applicant claim ownership of the mark in U.S. Registration No. 2898798.

 

Ownership of Claimed Registration

 

Applicant has claimed ownership of U.S. Registration No. 2790077; however, USPTO records show ownership in an entity other than applicant.  Therefore, applicant must prove ownership of this registration.  TMEP §812.01. 

 

If the claimed registration has been assigned to applicant, applicant may record the assignment with the Assignment Services Division of the USPTO and notify the trademark examining attorney when the assignment has been recorded.  Trademark Act Section 10, 15 U.S.C. §1060; 37 C.F.R. §3.25; TMEP §§503 et seq. and 812.01. 

 

In the alternative, applicant may submit evidence of the assignment, such as: (1) documentation showing chain of title to applicant; or (2) a written explanation of the chain of title to applicant (specifying each party in the chain, the nature of each conveyance, and the relevant dates), supported by an affidavit or signed declaration under 37 C.F.R. §2.20.  37 C.F.R. §3.73; TMEP §502.02(a).

 

If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.

 

 

 

/Jordan A. Baker/

Trademark Examining Attorney

Law Office 102

571-272-8844

jordan.baker@uspto.gov

 

 

RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office Action should be filed using the Office’s Response to Office action form available at http://www.gov.uspto.report/teas/eTEASpageD.htm.  If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification.  Do not attempt to respond by e-mail as the USPTO does not accept e-mailed responses.

 

If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response.  Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.

 

STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov.  When conducting an online status check, print and maintain a copy of the complete TARR screen.  If the status of your application has not changed for more than six months, please contact the assigned examining attorney.

 

 

 

 

                                                                

IMPORTANT NOTICE

USPTO OFFICE ACTION HAS ISSUED ON 8/8/2007 FOR

APPLICATION SERIAL NO. 77011300

 

Please follow the instructions below to continue the prosecution of your application:

  

VIEW OFFICE ACTION: Click on this link http://portal.gov.uspto.report/external/portal/tow?DDA=Y&serial_number=77011300&doc_type=OOA&mail_date=20070808 (or copy and paste this URL into the address field of your browser), or visit http://portal.gov.uspto.report/external/portal/tow and enter the application serial number to access the Office action.

 

PLEASE NOTE: The Office action may not be immediately available but will be viewable within 24 hours of this notification.

 

RESPONSE MAY BE REQUIRED: You should carefully review the Office action to determine (1) if a response is required; (2) how to respond; and (3) the applicable response time period. Your response deadline will be calculated from 8/8/2007.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System response form at http://www.gov.uspto.report/teas/eTEASpageD.htm.

 

HELP: For technical assistance in accessing the Office action, please e-mail

TDR@uspto.gov.  Please contact the assigned examining attorney with questions about the Office action. 

 

        WARNING

1. The USPTO will NOT send a separate e-mail with the Office action attached.

 

2. Failure to file any required response by the applicable deadline will result in the ABANDONMENT of your application.