Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

NOTICE OF INCOMPLETE EXTENSION REQUEST

 

TO AVOID THE DENIAL OF YOUR REQUEST FOR EXTENSION OF TIME TO SUBMIT A STATEMENT OF USE, WE MUST RECEIVE A PROPER RESPONSE TO THIS NOTICE WITHIN THIRTY (30) OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  77293921

 

The request for extension of time to file a statement of use (extension request) filed on September 3, 2008, 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.  A response to this Office action must be received in the office on or before December 10, 2008, i.e., before expiration of the six month time period of the Notice of Allowance, in order to perfect the extension request.  37 C.F.R. §2.89(a).

 

EXTENSION REQUEST IS DEFICIENT AS FOLLOWS:

 

OWNERSHIP INQUIRY/REFUSAL

 

The party who filed the extension request is identified as “PayPerPost, Inc.”  However, the current owner of the subject application in the records of the United States Patent and Trademark Office (USPTO) is “Izea, Inc.”  The party who filed the extension request must be the owner of the mark at the time the extension request was filed.  TMEP §1108.02(a).  Ownership transfer documents have been filed with the Assignment Services Division of the USPTO showing that “PayPerPost, Inc.” changed its name to “Izea, Inc.” on November 2, 2007.  Therefore, the extension request cannot be accepted because it appears to have been submitted by the prior owner of the mark.  15 U.S.C. §1051(d); 37 C.F.R. 2.89.

 

Please note: If the party who filed the extension request was not the owner of the mark at the time of filing and there is time remaining in the statutory filing period, the true owner MUST file a new extension request within the statutory filing period.  If it is not received within this time frame, the extension request will be denied.

 

CERTIFICATE OF FAX TRANSMITTING AND CERTIFICATE OF MAILING

 

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 FACSIMILE 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

 

 

 

RESPONSE

 

Please call the undersigned with any questions.

 

 

 

 

/Lynette Patterson/

Lynette Patterson

Paralegal Specialist

ITU/Divisional Unit

Phone - (571) 272-9507

Fax -  (571) 273-9507

lynette.patterson@uspto.gov

 

 

 

How to respond to this Office Action:

 

Your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE INTENT TO USE UNIT.