Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

 

ISSUE/MAILING DATE: 7/21/2009

 

 

NOTICE OF INCOMPLETE RESPONSE

 

The response filed on June 30, 2009 appears to have been signed by an unauthorized attorney.  In other words, the attorney who signed the response is different from the attorney designated in the application record.  Although a Revocation of Attorney and Appointment of Attorney was filed on April 21, 2009, the revocation and appointment are not valid because it was signed by a “trademark administrator,” who does not have the authority to bind the applicant because   revocations/appointments must be personally signed by someone with legal authority to bind a juristic applicant/registrant (e.g., a corporate officer or partner of a partnership).  TMEP §602.04.  Therefore the response is not accepted and its contents will not be reviewed.  TMEP §712.03.

 

Thus, applicant must submit a properly signed response within (1) thirty days of the date of issuance of this letter, or (2) the time remaining in the six-month period for responding to the previous Office action, whichever is longer.  37 C.F.R. §2.65(b); TMEP §§712.03, 718.03(b).  Applicant is encouraged to submit a properly signed response online via the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html, or to fax it to the undersigned at 571-273-9110.

 

If applicant does not respond within the time period specified, this application will be abandoned.  37 C.F.R. §2.65(a); TMEP §718.03(b).  Applicant can then file a petition to the Director to review the examining attorney’s decision to abandon the application; however, the holding of abandonment will be reversed only if there was clear error or abuse of discretion on the part of the examining attorney in abandoning the application.  37 C.F.R. §2.146(a)(3); In re Legendary Inc., 26 USPQ2d 1478, 1479 (Comm’r Pats. 1992); TMEP §§718.03(b), 1713.  The petition must be filed within two months of the date of issuance of the notice of abandonment and must be accompanied by the $100 petition fee.  37 C.F.R. §§2.6(a)(15), 2.146(d); see TMEP 1713.

 

GUIDELINES FOR SIGNING RESPONSES

 

Responses to Office actions must be properly signed.  37 C.F.R. §2.62(b); TMEP §§712, 712.03.  If applicant has appointed an attorney, the attorney must sign the response.  37 C.F.R. §11.18(a); TMEP §§605.02, 712.01.  However, if applicant was previously represented by an attorney, and applicant later retains a different attorney, the newly retained attorney cannot sign responses until a new power of attorney, signed by the applicant, is filed.  TMEP §602.01; see 37 C.F.R. §11.18(a).  New powers of attorney can be filed online at http://www.gov.uspto.report/teas/index.html.

 

The only attorneys who can practice before the 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 received reciprocal recognition by the USPTO under 37 C.F.R. §11.14(c).  37 C.F.R. §§11.1, 11.14; 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. §11.14(c).

 

In addition, another person may not sign the name of an authorized signatory on a response; the proper signatory must personally sign or manually enter his/her electronic signature.  TMEP §605.02.

 

 

 

 

Sara N. Benjamin

/Sara N. Benjamin/

Examining Attorney

Law Office 110

571.272.8847

 

 

 

RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.gov.uspto.report/teas/eTEASpageD.htm, 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 REGARDING YOUR TRADEMARK APPLICATION

 

Your trademark application (Serial No. 77663772) has been reviewed.   The examining attorney assigned by the United States Patent and Trademark Office (“USPTO”) has written a letter (an “Office action”) on 7/21/2009 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=77663772&doc_type=OOA&mail_date=20090721 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 7/21/2009 (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.