UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT REGISTRANT’S TRADEMARK REGISTRATION

 POST REGISTRATION OFFICE ACTION

ISSUE/MAILING DATE: 7/22/2011

Registration Number  3846312

The Section 7 Amendment submitted on July 1, 2011 is not accepted for the reasons set forth below.

The owner must submit the filing fee of $100 for the Section 7 Amendment.  15 U.S.C. §1057(e); 37 C.F.R. §§2.6 and 2.173(b)(1); TMEP §1609.01(b).  The required fee was not submitted.

Please note that if your amendment to the classification of the U.S. Registration is accepted, such action will have no impact on the classification of the goods in International Registration No. 1,052,751.  Final responsibility for the classification and grouping of goods and services as listed in an international applications lies with the International Bureau of the World Intellectual Property Organization.  Guide to the International Registration of Marks Under the Madrid Agreement and the Madrid Protocol, WIPO Publication No. 455 (Sept. 2009) Should you wish to request correction of International Registration No. 1,052,751, such a request must be made directly of the International Bureau.  TMEP §1906.01(f)

To verify the contents of the Section 7 Amendment, as well as any submitted corrections or further amendments, the owner may submit the following statement and declaration under 37 C.F.R. §2.20, properly signed and dated:

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statement may jeopardize the validity of this document, declares that s/he is properly authorized to execute this document on behalf of the owner, and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.

__________________________

Signature of Authorized Person

__________________________

Type or Print Name

__________________________

Date

The following persons are authorized to sign a Section 7 Amendment on behalf of the owner:

(1)               A person with legal authority to bind the owner; and

(2)               An attorney as defined in 37 C.F.R. §11.1 who has actual or implied written or verbal power of attorney from the owner.

37 C.F.R. §2.173(a)(2).

The owner has six months from the issuance date of this letter to respond to all the issues raised in this letter.  In order to expedite the processing of your Section 7 Amendment, the early submission of a response to this letter is encouraged.  If a complete response is not received in the Office within this time period, then the Section 7 Amendment will be considered abandoned.  37 C.F.R. §2.176.  The fee for filing the Section 7 Amendment will not be refunded.

Sincerely,

Tamika Whitsey

TM Specialist

Post Registration Division

571-272-4321 office

571-273-4321 fax

tamika.whitsey@uspto.gov

TO RESPOND TO THIS LETTER:  Use the Trademark Electronic Application System (TEAS) Response to Post-Registration Office action form at http://www.gov.uspto.report/teas/eTEASpageC.htm.  Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the registration.  For technical assistance with online forms, e-mail TEAS@uspto.gov.

WHO MUST SIGN THE RESPONSE:  It must be personally signed by (1) an individual registrant; (2) someone with legal authority to bind registrant (i.e., a corporate officer, a general partner, all joint applicants); or (3) an authorized attorney, if one is appointed to represent registrant.  If a registrant is represented by an attorney, the attorney must sign the response.

CHECK THE STATUS OF THE REGISTRATION:  To check the status of your registration at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/.  Please keep a copy of the complete TARR screen.  For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.gov.uspto.report/teas/eTEASpageE.htm.

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED SPECIALIST.

PLEASE ENCLOSE THIS FORM WITH YOUR RESPONSE

**This form must be included with your response to ensure proper fee processing.**

Registration No. 3846312

The Post Registration Paralegal has determined that the amounts indicated below are outstanding:

$________ Section 8 affidavit filing fee (fee code 6205)

$_____ Section 8 affidavit grace period surcharge (fee code 6206)

$________ Section 8 affidavit deficiency surcharge (fee code 6207)

$________ Section 9 renewal application filing fee (fee code 6201)

$_____ Section 9 renewal application grace period surcharge (fee code 6203)

$________ Section 9 renewal application deficiency surcharge (fee code 6204)

$________ Section 15 affidavit filing fee (fee code 6208)

$________ Section 7 correction (registrant error) filing fee (fee code 6212)

$__100___ Section 7 amendment filing fee (fee code 6214)

$________ Section 7 issue new certificate of registration filing