UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

NOTICE:  APPLICATION ABANDONED

ISSUE/MAILING DATE: 9/23/2011

The above-referenced application is abandoned because applicant failed to file a complete response to the final Office action dated March 4, 2011.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a); TMEP §§718.02, 718.03, 718.03(b).  That is, applicant’s September 1, 2011 response was not legally sufficient for the reason(s) specified below.

Applicant’s response is incomplete because it failed to resolve all outstanding issue(s) in the final Office action, it did not raise a new issue or provide any new or compelling evidence with regard to the outstanding issue(s), applicant’s analysis and arguments were not persuasive nor did they shed new light on the issues.  In addition, the USPTO has not received a timely filed notice of appeal and there is no time remaining in the response period. 

Applicant may respond by filing a petition to the Director to request a reversal of the decision to abandon the application.  TMEP §§715.03(a), 718.03(b), 1713.01; see 37 C.F.R. §2.146.  However, the Director will reverse the decision only if there is clear procedural error or abuse of discretion.  In re GTE Educ. Servs., 34 USPQ2d 1478, 1479-80 (Comm’r Pats. 1994); In re Legendary Inc., 26 USPQ2d 1478, 1479 (Comm’r Pats. 1992); TMEP §§715.03(a), 718.03(b), 1713.01.  A petition may be filed online at http://www.gov.uspto.report/trademarks/teas/petition_forms.jsp.  A $100 fee for such a petition is required.  See 37 C.F.R. §2.6(a)(15).

/Michael Litzau/

Michael Litzau

Trademark Examining Attorney

Law Office 104

tel: 571-272-8157

michael.litzau@uspto.gov

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

USPTO LETTER (AN OFFICE ACTION) HAS ISSUED ON 9/23/2011 FOR

SERIAL NO. 77805030

Please follow the instructions below:

TO READ OFFICE LETTER: Click on this link or go to http://portal.gov.uspto.report/external/portal/tow and enter the application serial number to access the Office letter

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

HELP: For technical assistance in accessing the Office correspondence, please e-mail TDR@uspto.gov.  Please contact the assigned examining attorney with questions about the Office letter.