Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 POST REGISTRATION OFFICE ACTION

ISSUE/MAILING DATE: 9/5/2014

U.S. Registration Number  3852335

The Section 7 Amendment submitted on August 27, 2014 is not accepted for the reasons set forth below.

DISCLAIMER

The owner has requested that a disclaimer be deleted from its registration.  Any request to delete a disclaimer must include the following:  (1) a request to amend the mark to delete the disclaimed matter.  37 C.F.R. §2.173(d), (g); TMEP §1609.05. 

Accordingly, the owner must provide the required request, substitute drawing of the amended mark, and verified substitute specimen.  The request to delete the disclaimer cannot be accepted until a properly worded Disclaimer is submitted.

DISCLAIMER NOTE:

Pursuant to TMEP section 1609.02(d), Registrant requests a conforming deletion of the disclaimer of the term “IT” from the record.

PROPERLY WORDED DISCLAIMER

DISCLAIMER: Registrant request  a conforming deletion of the Disclaimer of the term “IT” from the record.

DECLARATION TO DATE AND SIGN

To verify the contents of the Section 7 Amendment and specimen(s), 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 owner was using the amended mark in commerce on or in connection with the services in the registration when the Section 7 Amendment was filed as evidenced by the substitute specimen submitted.

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).

RESPONSE DEADLINE

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.

How to respond to this Office Action:

(ADVISORY NOTE:MAILING/E-MAILING DATE INFORMATION:  If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial/registration number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.)

How to find Post Registration Response Application

Go to       

1) www.USPTO.GOV

2) under title Trademarks

3) click TEAS (file forms on line)

4) #8 Registration Maintenance/Renewal/Correction Forms (double click)

5) scroll down to #11 Response Application to Post Registration Office Action (double click) follow prompts to complete application

Use the Trademark Electronic Application System (TEAS) Response to Post-Registration Office action form at http://www.gov.uspto.report/teas/eTEASpageD.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.

You may submit a formal response via regular mail to: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451, or facsimile, the response cover sheet must include the following information: registration number, office location 'Post Registration', and name of Trademark Specialist to expedite forwarding.  Responding to office action by e-mail is not acceptable.

WHO MUST SIGN THE RESPONSE:  The response must be personally signed or the electronic signature manually entered 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. 

The filing date of a document with the Office is the date the document is received in the Office.  37 C.F.R. §2.195(a); TMEP §§303 and 303.01.  However, if a “certificate of mailing” by first class mail or a “certificate of facsimile transmission” under 37 C.F.R. §2.197 is added to the response and the procedures in 37 C.F.R. §§2.195(c) and 2.197 are satisfied, then the document will be considered timely filed if the document is mailed or transmitted prior to expiration of the response time period regardless of whether it was received in the Office after the response time period.  TMEP §§305.02 and 306.05 et seq.

Certificate of Mailing under 37 C.F.R. §2.197:

I hereby certify that this correspondence is being deposited with the United States Postal Service as first class mail with postage paid in an envelope addressed to:  Commissioner for Trademarks, P.O. Box, 1451, Alexandria, VA 22313-1451, on the date shown below.

____________________________

Signature

____________________________

Typed or Printed Name

____________________________

Date

Certificate of Facsimile transmission under 37 C.F.R. §2.197:

I hereby certify that this correspondence is facsimile transmitted to the United States Patent and Trademark Office on the date shown below.

____________________________

Signature

____________________________

Typed or Printed Name

____________________________

Date

Should you need assistance for the following: Navigating through USPTO website, Post Registration TEAS Response applications, or general Trademark questions please contact: TrademarkAssistanceCenter@uspto.gov, or telephone either 571-272-9250 or 1-800-786-9199.

CHECK THE STATUS OF THE REGISTRATION OR REVIEW INCOMING & OUTGOING CORRESPONDENCE

Go to

1) www.USPTO.GOV

2) POPULAR LINKS

3) Trademarks: Check Status or view Documents [TSDR]

4) Use drop arrow to pull down US Registration No. enter your (7) digits registration number, click status or document

5) You may print any document(s) in this field.

TO UPDATE CORRESPONDENCE AND OR ATTORNEY/DOMESTIC REPRESENTATIVE FORMS

Go to

1) www.USPTO.GOV

2) under title Trademarks

3)  click on Trademark Electronic Application System (TEAS)

4) #5 CORRESPONDENCE AND ATTORNEY/DOMESTIC REPRESENTATIVE FORMS (double click)

Please note USPTO is tasked with preserving the integrity of its administrative records and providing the public with a complete registration file; please submit a Response filing.

To expedite inquiries about this office action, please contact the undersigned Trademark Specialist via e-mail.

WARNING

Because there are procedural, tactical, and financial considerations involved regarding your questions, you may wish to hire an attorney specializing in trademark or intellectual property law for a legal opinion.  For attorney referral information, you may consult the American Bar Association’s Consumers’ Guide to Legal Help at http://www.abanet.org/legalservices/findlegalhelp/home.cfm or a local telephone directory.  The USPTO cannot aid in the selection of an attorney.  37 C.F.R. §2.11.

       Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application. For more information regarding abandonment, see http://www.gov.uspto.report/trademarks/basics/abandon.jsp.

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION: Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations. These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document. Many solicitations require that you pay “fees.”

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation. All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.” For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.

/Dawn Hembry/

Dawn Hembry

Dawn.Hembry@USPTO.GOV

Post Registration Division

571\272-9506(Office)

571\273-9506(Fax)