UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

SUSPENSION INQUIRY

 

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: 1/16/2009

 

 

This Office action is in response to applicant’s communication filed on December 12, 2008.

 

Applicant is strongly urged to hire an attorney to assist in prosecuting this application because of the legal technicalities involved.  The Office, however, cannot aid in the selection of an attorney.  37 C.F.R. §2.11.  Applicant may wish to consult a local telephone directory for a listing of attorneys specializing in trademark or intellectual property law, or seek guidance from a local bar association attorney-referral service.

 

Please be advised that the only attorneys who can practice before the United States Patent and Trademark Office (USPTO) in trademark matters are:

 

(1)                  Attorneys in good standing with a bar of the highest court of any U.S. state, the District of Columbia, Puerto Rico, and other federal territories and possessions of the United States; and

 

(2)                  Canadian agents/attorneys who represent applicants residing in Canada and who have applied for and received reciprocal recognition by the USPTO under 37 C.F.R. §10.14(c). 

 

37 C.F.R. §§10.1(c), 10.14; see TMEP §602. 

 

Other than properly authorized Canadian attorneys, foreign attorneys cannot sign responses or otherwise represent applicants before the USPTO.  TMEP §602.06(b); see 37 C.F.R. §10.14(c).  Filing written communications, authorizing an amendment to an application, or submitting legal arguments in response to a requirement or refusal constitutes representation of a party in a trademark matter.  A response signed by an unauthorized foreign attorney is considered an incomplete response.  See TMEP §§602.03, 712.03.

 

STATUS OF APPLICATION

 

Once again, applicant’s response filed on December 12, 2008, via the Trademark Electronic Application System (TEAS) is incomplete because the only data transmitted to the USPTO was an electronic signature; the response contained no other data. 

 

Action on this application was 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.  Applicant must indicate the status of the relevant foreign application. 15 U.S.C.§1126(e); 37 C.F.R. §2.34(a)(3)(ii); TMEP §§§716.02(b), 716.05, 1004.01.

 

Moreover, the following refusals/requirements are maintained and continued:  (1) Section 2(a) refusal – false connection; (2) refusal on Supplemental Register because the mark is eligible for registration on the Principal Register; (3) clarification of the identification of goods; and (4) transliteration/translation of foreign wording.

 

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

 

 

/Maria-Victoria Suarez/

Trademark Attorney

Law Office 102

571-272-9264

maria-victoria.suarez@uspto.gov

 

 

RESPOND TO SUSPENSION INQUIRY:  Applicant should file a response to this Suspension Inquiry online using the form at http://teasroa.gov.uspto.report/rsi/rsi waiting 48-72 hours if applicant received notification of the Office action via e-mail.  For technical assistance with the form, please e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned examining attorney.  Do not respond to this Office action by e-mail; 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 1/16/2009 FOR

APPLICATION SERIAL NO. 77396689

 

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

  

VIEW OFFICE ACTION: Click on this link http://tmportal.gov.uspto.report/external/portal/tow?DDA=Y&serial_number=77396689&doc_type=SUI&mail_date=20090116 (or copy and paste this URL into the address field of your browser), or visit http://tmportal.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 1/16/2009.

 

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.