UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.

 

ISSUE/MAILING DATE: 6/25/2007

 

Action on the Merits and Search for References Deferred – Insufficient Fees for Multiple Class Application

A search of the Office records and a review of the merits of the application are both deferred until applicant responds to this Office action by satisfying one of the following:

 

(1)   specifying the number of classes for which registration is sought and providing the filing fees for all such classes; or

(2)   deleting class(es) from the application not covered by the fee(s) already submitted. 

 

TMEP §§704.02 and 810.01.  Class designations must be determined and fees provided before a trademark examining attorney will conduct an extensive search of a mark with a large number of classes.  TMEP §§810.01 and 1401.04.

 

The application was filed via the Trademark Electronic Application System (TEAS) and therefore the filing fee per class was $325.  37 C.F.R. §2.6.  The application identifies goods and/or services in at least 9 classes, which would have required a total of fees in the amount of $2925.  Applicant submitted $375 with the application.  The fee submitted is sufficient for only 1 class. 

 

The fee for adding classes to the application is as follows:  (1) $325 if the fee(s) are submitted electronically via the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html; or (2) $375 if the fee(s) are submitted with a paper-filed response.  See 37 C.F.R. §2.6.

 

Multiple Class Requirements

If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.

 

(1)  The applicant must list the goods/services by international class with the classes listed in ascending numerical order.  TMEP §1403.01.

 

(2)    The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid.  37 C.F.R. 2.86(a)(2); TMEP §§810.01 and 1403.01.  Although the fee information below is believed to be accurate, current fee information should be confirmed at http://www.uspto.gov.:

 

(i) $325 per class, for a TEAS Application, when the fees are submitted with a response filed online via the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html;

 

(ii) $275 per class, for a TEAS Plus Application, when the fees are submitted with a response filed online via the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html; and

 

(iii) $375 per class, when the fees are submitted with a paper response. 

 

 

 

 

Sara N. Thomas

/Sara Thomas/

Examining Attorney

Law Office 110

571.272.8847

fax  (formal response only) 571.273.9110

 

 

 

RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office Action should be filed using the Office’s Response to Office action form available at http://www.gov.uspto.report/teas/eTEASpageD.htm.  If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification.  Do not attempt to respond by e-mail as the USPTO does not accept e-mailed responses.

 

If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response.  Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.

 

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.

 

 

 

 

                                                                

IMPORTANT NOTICE

USPTO OFFICE ACTION HAS ISSUED ON 6/25/2007 FOR

APPLICATION SERIAL NO. 77132482

 

Please follow the instructions below to continue the prosecution of your application:

  

VIEW OFFICE ACTION: Click on this link http://portal.gov.uspto.report/external/portal/tow?DDA=Y&serial_number=77132482&doc_type=OOA&mail_date=20070625 (or copy and paste this URL into the address field of your browser), or visit http://portal.gov.uspto.report/external/portal/tow and enter the application serial number to access the Office action.

 

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

 

RESPONSE MAY BE REQUIRED: You should carefully review the Office action to determine (1) if a response is required; (2) how to respond; and (3) the applicable response time period. Your response deadline will be calculated from 6/25/2007.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System response form at http://www.gov.uspto.report/teas/eTEASpageD.htm.

 

HELP: For technical assistance in accessing the Office action, please e-mail

TDR@uspto.gov.  Please contact the assigned examining attorney with questions about the Office action. 

 

        WARNING

1. The USPTO will NOT send a separate e-mail with the Office action attached.

 

2. Failure to file any required response by the applicable deadline will result in the ABANDONMENT of your application.