Petition to Revive Notice of Deficiency

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

PETITION TO REVIVE

NOTICE OF DEFICIENCY

 

Serial Number  77/955674

 

It is noted that you requested reinstatement of the application, without charge to Applicant.  However, the documents submitted do not establish that you are entitled to reinstatement, because they do not show on their face that a response to the Office Action dated August 2, 2010, was timely received in the Office.  TMEP §1712.01.  .

 

The application can be reinstated, without charge to the Applicant, only if you can provide evidence which shows on its face that a response was filed on or before February 2, 2011.  A signed certificate of mailing, pursuant to Trademark Rule 2.197, or a copy of a return receipt postcard bearing the date stamp of the PTO Mail Room and specifically referencing the response to the Office Action, would support reinstatement of the application without charge to the Applicant.  TMEP §1712.01.  However, an unsigned certificate of mailing, or a postcard that does not bear the date stamp of the Mail Room, will not support reinstatement. 

 

Applicant may file a Petition to Revive the application. The requirements for filing a petition to revive are set forth in Trademark Rule 2.66, 37 C.F.R. §2.66.  A petition to revive an application abandoned for failure to timely respond to an Office Action must be accompanied by:  (1) a non-refundable petition fee of $100, (2) a statement explaining that the delay was unintentional, and (3) a copy of the proposed response to the outstanding Office Action.

 

 

 

You are hereby provided THIRTY DAYS from the mailing date of this notice to complete your petition by submitting the requirements identified below.  If the required item(s) are not received on or before the expiration of the thirty-day period, the petition will be denied, without consideration on the merits and the application will remain abandoned.  37 C.F.R. §2.66.

 

A non-refundable petition fee of $100 must be submitted with a written statement signed by someone with first-hand knowledge of the facts that the delay was unintentional must be submitted.

 

 

 

                                                                          Sincerely,

Deborah Blocker

Deborah Blocker

Paralegal Specialist

Office of Petitions

571-272-9566 Office

571-273-9566 Facsimile

 

 

How to respond to this Office Action:

 

Your response should be sent to the Return Address listed above and should include a title “Response to Petition to Revive Notice of Deficiency.”.

 

Use a “CERTIFICATE OF MAILING”

 

The filing date of a document in the United States Patent and Trademark Office (USPTO) is the date of receipt in the Office, not the date of deposit in the mail.  Trademark Rule 2.195.  To avoid lateness due to mail delay, include a signed and dated certificate of mailing with your response.

 

Certificate of mailing under Trademark Rule 2.197:

 

I hereby certify that this correspondence is being deposited with the United States Postal Service as first class mail postage prepaid in an envelope addressed to: Commissioner for Trademarks, P.O. Box 1451, Alexandria, Virginia 22313-1451, on __________________ (Date).

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Signature

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Printed or typed name

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Date

 

 

To check the status of your application at any time, visit the Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the USPTO web site at http://www.gov.uspto.report/main/trademarks.htm