To: | WN Pharmaceuticals Ltd. (rzhang@naturalfactors.com) |
Subject: | TRADEMARK APPLICATION NO. 77100497 - VIRUS-A-TAK - N/A |
Sent: | 10/16/2007 8:42:06 AM |
Sent As: | ECOM113@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/100497
MARK: VIRUS-A-TAK
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: WN Pharmaceuticals Ltd.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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NOTICE OF SUSPENSION
ISSUE/MAILING DATE: 10/16/2007
SUSPENSION PROCEDURE: This suspension notice serves to suspend action on the application for the reason(s) specified below. No response is needed. 37.C.F.R.§2.67. The Office will conduct periodic status checks to determine if suspension remains appropriate.
Action on this application is suspended pending receipt of a true copy, a photocopy, a certification, or a certified copy of a foreign registration from applicant's country of origin. If the registration is in a foreign language, an English translation must also be submitted. 15 U.S.C. §1126(e); 37 C.F.R. §§2.34(a)(3)(ii); TMEP §§716.02(b), 1004 et seq. Please note that applicant must notify the examining attorney if the foreign application abandons.
The U.S. application, which is based on a foreign registration pursuant to 15 U.S.C. §1126(e), contains a standard character claim. However, because the foreign registration has not yet been submitted, the record is unclear as to whether the foreign registration includes this claim. The mark in the U.S. application must be a substantially exact representation of the mark in the foreign registration; thus, they must both include a standard character claim. See 37 C.F.R. §2.52; TMEP §§807.03(f) and 1011.01.
Upon receipt of the foreign registration certificate, if it does not indicate that the mark is in standard characters, applicant will be required to (1) submit the following statement in the U.S. application: “Under the law of the country of origin, the foreign application or registration includes a standard character claim or the equivalent,” or (2) delete the standard character claim from the U.S. application.
TEAS PLUS APPLICANTS MUST SUBMIT DOCUMENTS ELECTRONICALLY OR SUBMIT FEE: TEAS Plus applicants should submit the following documents using the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html: (1) written responses to Office actions; (2) preliminary amendments; (3) changes of correspondence address; (4) changes of owner’s address; (5) appointments and revocations of attorney; (6) amendments to allege use; (7) statements of use; (8) requests for extension of time to file a statement of use, and (9) requests to delete a §1(b) basis. If any of these documents are filed on paper, they must be accompanied by a $50 per class fee. 37 C.F.R. §§2.6(a)(1)(iv) and 2.23(a)(i). Telephone responses will not incur an additional fee. NOTE: In addition to the above, applicant must also continue to accept correspondence from the Office via e-mail throughout the examination process in order to avoid the additional fee. 37 C.F.R. §2.23(a)(2).
/David S. Miller/
David S. Miller
Trademark Examining Attorney
Law Office 113
Phone (571) 272-8956
Fax (571) 273-8956
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.