UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 77/266225
APPLICANT: Schmidt, Joseph
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*77266225* |
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CORRESPONDENCE ADDRESS: SCHMIDT, JOSEPH GENERATIONMED 7911 HILLSIDE AVE LOS ANGELES, CA 90046-2121
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RETURN ADDRESS: Commissioner for TrademarksP. O. Box 1451Alexandria, VA 22313-1451 ATTN: Petitions Office
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MARK: GENERATIONMED
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MAILING DATEJanuary 16, 2010 |
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT’S EMAIL ADDRESS: js@generationmed.com |
Please provide in your correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Notice. 3. Attn: Petitions Office 4. Your telephone number and e-mail address.
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Serial Number 77/266225
The petition to revive the above identified trademark application received on January 4, 2010, was automatically granted in error. Since the requirements for filing a petition to revive were not met, the granting of the petition is rescinded. The petition to revive the above identified trademark application is incomplete because it does not comply with the minimum requirements for filing a petition. Trademark Rule 2.66, 37 C.F.R. §2.66; TMEP §1714. You are hereby provided THIRTY DAYS from the mailing date of this notice to complete your petition by submitting the requirements identified below. If the required item(s) are not received on or before the expiration of the thirty-day period, the petition will be denied, without consideration on the merits and the application will remain abandoned. 37 C.F.R. §2.66.
FILER’S NAME DIFFERS FROM CURRENT OWNER NAME – CLARIFICATION REQUIRED: The owner of the mark shown in Office records is “Joseph Schmidt;” however, the party who filed the request for extension of time to file a statement of use (extension request) is identified as “GenerationMed, Inc.” The name difference suggests that a party other than the owner filed the extension request. The party who files an extension request must be the owner of the mark at the time the extension request is filed. See 15 U.S.C. §1051(d)(2); 37 C.F.R. §2.89(a)(3), (b)(3); TMEP §1108.02(a). Therefore, the extension request cannot be accepted because it appears to have been submitted by an improper party.
The filer must clarify whether it was the owner of the mark at the time the extension request was filed. Evidence to establish ownership can be provided after the expiration of the deadline for filing the extension request, if the extension request was filed by the true owner of record. See 37 C.F.R. §§3.71, 3.73; TMEP §1108.02(a).
If the filer of the extension request was the owner at the time of filing, this party must submit evidence to establish that it has clear chain of title, as follows:
(1) Record an assignment or other document of title with the Assignment Services Branch showing clear chain of title to the party filing the extension request, and promptly notify the undersigned that such documentation has been recorded (requests for recordation can be filed online at http://etas.uspto.gov.); or
(2) Submit evidence of ownership, in the form of a document transferring ownership from one party to another, or an explanation, supported by an affidavit or signed declaration under 37 C.F.R. §§2.20, 2.33 that a valid transfer of legal title occurred prior to filing the extension request.
37 C.F.R. §3.73(b)(1); TMEP §§502, 502.01.
If the filer of the extension request was not the owner of the mark at the time of filing and there is time remaining in the statutory period, the true owner must file a new extension request within the statutory period to avoid abandonment of the application. 15 U.S.C. §1051(d); 37 C.F.R. §2.89.
If the filer of the extension request was not the owner of the mark at the time of filing and there is no time remaining in the statutory period, the application will be abandoned and the true owner may file a petition to revive the application under 37 C.F.R. §2.66.
A complete response is required, showing a clear chain of title that the proper party filed the extension request submitted on January 4, 2010. If the extension request submitted with the petition was filed in the wrong name, then a substitute extension request must be submitted in the correct name.
Please be advised that no further fees are required for this extension request, and the substitute extension cannot be filed online.
STATEMENT OF USE OR FURTHER EXTENSION REQUEST DUE
Please note that filing a petition does not stay the time for filing a statement of use. Trademark Rule 2.89(g); TMEP §§1108.05 and 1714.01(b)(i). The next extension request or a statement of use for this application must be filed on or before May 20, 2010.
/Carol P. Smith/
Paralegal Specialist
Office of Petitions
(571) 272-9578 ph
(571) 273-9578 fax
How to respond to this Office Action:
Your response should be sent to the Return Address listed above and should include a title “Response to Petition to Revive Notice of Deficiency.”.
Use a “CERTIFICATE OF MAILING”
The filing date of a document in the United States Patent and Trademark Office (USPTO) is the date of receipt in the Office, not the date of deposit in the mail. Trademark Rule 2.195. To avoid lateness due to mail delay, include a signed and dated certificate of mailing with your response.
Certificate of mailing under Trademark Rule 2.197:
I hereby certify that this correspondence is being deposited with the United States Postal Service as first class mail postage prepaid in an envelope addressed to: Commissioner for Trademarks, P.O. Box 1451, Alexandria, Virginia 22313-1451, on __________________ (Date).
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