UNITED STATES PATENT AND TRADEMARK OFFICE
|
SERIAL NO: 77/778136
MARK: HALL OF FAMERS
|
|
|
CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
|
|
APPLICANT: NAISMITH MEMORIAL BASKETBALL HALL OF FAM ETC.
|
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
|
This Office has declared the application abandoned for failure to file a complete response to the FINAL Office action. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). See TMEP §§718.03 and 718.03(a). Applicant’s letter filed on June 21, 2010 is an incomplete response to the FINAL Office action issued/mailed on January 7, 2010 because it provided no new issue for reconsideration and applicant did not file an appeal of the FINAL refusal before the appeal deadline. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). TMEP § 715.03(a).
Applicant should note that while it amended the application to seek registration on the Supplemental Register, this is not responsive to the outstanding refusal to register under Trademark Act Section 2(d), 15 U.S.C. §1052(d). Therefore, the amendment does not raise a new issue and the application is abandoned. TMEP § 714.05 (2).
PLEASE NOTE: When a trademark examining attorney holds an application abandoned for failure to file a complete response, applicant may not file a petition to revive under 37 C.F.R. §2.66, based on unintentional delay. TMEP §§715.03(a) and 1714.01(f)(ii). However, applicant may file a petition to the Director under 37 C.F.R. §2.146 to request a reversal of the holding of abandonment. The Director will reverse the holding only if there is clear error or abuse of discretion. TMEP §1713. For information on filing a petition to the Director, see TMEP §1705 available at the USPTO website at www.gov.uspto.report/main/trademarks.htm
If the applicant files a petition to the Director, the petition should be sent to the following address:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
/Fred Carl III/
Trademark Examining Attorney
Law Office 108
571 272 8867 direct telephone
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.