To: | Huang, Chun (loom2005@yahoo.ca) |
Subject: | TRADEMARK APPLICATION NO. 77396689 - YASUKUNI SHRINE - N/A |
Sent: | 1/16/2009 10:33:06 AM |
Sent As: | ECOM102@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/396689
MARK: YASUKUNI SHRINE
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CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: Huang, Chun
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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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.
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.