Suspension Letter

UNITED STATES PATENT AND TRADEMARK OFFICE

NOTICE OF SUSPENSION

ISSUE/MAILING DATE: 10/19/2009

SUSPENSION PROCEDURE: This suspension notice serves to suspend action on the application for the reason(s) specified below.  No response is needed.  However, if you wish to respond to this notice, you should use the “Response to Letter of Suspension” form found at http://teasroa.gov.uspto.report/rsi/rsi.  The Office will conduct periodic status checks to determine if suspension remains appropriate.

This Office action is in response to applicant’s communication filed on September 28, 2009.  In its response, applicant (1) argued against the refusal to register under Section 2(d); (2) argued against the refusal to register under Section 2(e)(1); (3) amended the identification of goods and services; and (4) submitted a properly verified declaration.

The identification and declaration are acceptable and have been entered; therefore, these requirements have now been satisfied. 

Registration has been refused under Section 2(d) of the Trademark Act, 15 U.S.C. §1052(d), based on U.S. Registration No. 2731488.  However, registration maintenance documents are due to be filed for the cited registration(s).  If these registration maintenance documents are not timely filed, the cited registration(s) will be canceled under §8 or expire under §9 and will no longer present a bar to registration under Section 2(d).  15 U.S.C. §§1058, 1059.  Therefore, action on this application is suspended for 3 months until the examining attorney can determine whether the cited registration(s) will be canceled under §8 or expire under §9.  37 C.F.R §2.67; TMEP §716.02(e).

The refusal under Section 2(e)(1) is now maintained and continued.

/Aisha Y. Salem/

Aisha Y. Salem

Trademark Examining Attorney

Law Office 113

Phone: (571) 272-8242

Fax: (571) 273-9113

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 REGARDING YOUR TRADEMARK APPLICATION

Your trademark application (Serial No. 77640423) has been reviewed.   The examining attorney assigned by the United States Patent and Trademark Office (“USPTO”) has written a letter (an “Office action”) on 10/19/2009 to which you must respond (unless the Office letter specifically states that no response is required).  Please follow these steps:

1. Read the Office letter by clicking on this link http://tmportal.gov.uspto.report/external/portal/tow?DDA=Y&serial_number=77640423&doc_type=SUL&mail_date=20091019 OR go to  http://tmportal.gov.uspto.report/external/portal/tow and enter your serial number to access the Office letter.  If you have difficulty accessing the Office letter, contact TDR@uspto.gov.  

PLEASE NOTE: The Office letter may not be immediately available but will be viewable within 24 hours of this e-mail notification.

2. Contact the examining attorney who reviewed your application if you have any questions about the content of the Office letter (contact information appears at the end thereof).

3. Respond within 6 months, calculated from 10/19/2009 (or sooner if specified in the Office letter), using the Trademark Electronic Application System (TEAS) Response to Office Action form. If you have difficulty using TEAS, contact TEAS@uspto.gov. 

ALERT:

Failure to file any required response by the applicable deadline will result in the ABANDONMENT (loss) of your application.

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.