Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

NOTICE OF INCOMPLETE STATEMENT OF USE

STRICT DEADLINE TO RESPOND TO THIS LETTER 

TO AVOID THE DENIAL OF YOUR STATEMENT OF USE, WE MUST RECEIVE A PROPER RESPONSE TO THIS NOTICE WITHIN THIRTY (30) DAYS OF THE ISSUE/MAILING DATE.

ISSUE/MAILING DATE: 6/1/11

Serial Number  77292815

The statement of use filed on May 25, 2011 meets the minimum filing requirements and is provisionally accepted.  However, to avoid abandonment of the application, a response satisfying the deficiencies stated below must be received in the United States Patent and Trademark Office (USPTO) within thirty (30) days of the issuance date of this letter.

STATEMENT OF USE IS DEFICIENT AS FOLLOWS:

GOODS AND/OR SERVICES IN NOTICE OF ALLOWANCE NOT IDENTIFIED OR REFERENCED IN STATEMENT OF USE:  The statement of use filed on May 25, 2011 does not specify or incorporate by reference any goods and/or services identified in the notice of allowance and with which the mark is in use in commerce.  A complete statement of use must include a listing of the goods and/or services specified in the notice of allowance on or in connection with which applicant is using the mark in commerce.  15 U.S.C. §1051(d)(1); 37 C.F.R. §2.88(b)(1)(ii); TMEP §§1109.06, 1109.13.  Therefore, applicant must provide the following information, verified by an affidavit or signed declaration in accordance with 37 C.F.R. §2.20:  (1) a list of the goods and/or services specified in the notice of allowance on or in connection with which the mark is in use in commerce; and (2) the following statement: “Applicant has used the mark in commerce on the specified goods and/or services before the expiration of the time period for filing a statement of use.”  See U.S.C. §1051(d)(1); 37 C.F.R. §§2.88(b)(1)(ii), 2.193(e)(1); TMEP §1109.13.

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 571 273-9341. 

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.

________________________________

Signature

________________________________

Print/Type Name of Signer

________________________________

Date

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

Please call the undersigned with any questions. 

/Lori Hodges/

Lori C. Hodges

Paralegal Specialist

ITU/Divisional Unit

571 272-9341

Fax 571 273-9341

How to respond to this Office action:

Online:  Applicant is encouraged to use the Trademark Electronic Application System (TEAS) to respond, located at http://teasg.gov.uspto.report/gf/spring/nonteas?type=preSelected&id=ISC0ROAI.  Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application.  Do not respond by e-mail; USPTO does not accept e-mail responses.  For technical assistance with the online form, e-mail TEAS@uspto.gov.

TEAS Plus Application:  To maintain the reduced fee status, TEAS Plus applicant must respond online via TEAS.  Otherwise, applicant is subject to an additional $50 fee for each class.  37 C.F.R. §§2.6(a)(1)(iv) and 2.23(a)(i).

Check the Status of the Application:  To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application any time using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/.

FOR INQUIRIES OR QUESTIONS, PLEASE CONTACT THE ASSIGNED ITU STAFF MEMBER.