Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  78/005823

 

On 09/24/2002, the applicant’s application was suspended pending the disposition of Application Serial No. 75-765366.  At the same time the applicant was informed that in order for the 44(e) claim to be acceptable that it must submit a copy of the foreign registration upon it relies. The referenced application has abandoned and the only remaining issue is the requirement for the foreign certificate of registration.  Therefore, registration is refused as follows.

 

SECTION 44(e) FINAL REFUSAL

 

The applicant relied on section 44(e) as one of its filing basis but failed to submit a foreign registration certificate for review. Therefore, the requirement under section 44(e) is now continued and made final.  Please note that, if filing under §44(e), the applicant must be the owner of the foreign registration on which application in the United States is based.  If, at the time of filing in the United States, the applicant was not the owner of the foreign application or registration, the application is void and registration must be refused under §1 of the Act, 15 U.S.C §1051.  See TMEP §1004.04.

 

Please note that the only appropriate responses to a final action are (1) compliance with the outstanding requirements, if feasible, (2) filing of an appeal to the Trademark Trial and Appeal Board, or (3) filing of a petition to the Commissioner if permitted by 37 C.F.R. Section 2.63(b). 37 C.F.R. Section 2.64(a).  Regarding petitions to the Commissioner, see 37 C.F.R. Section 2.146; TMEP sections 1702 and 1704.  If the applicant fails to respond within six months of the mailing date of the final refusal, this Office will declare the application abandoned.  37 C.F.R. Section 2.65(a). 

 

 

FBlandu

Trademark Attorney

/florentina blandu/

l.0.112

tel (703) 308-9112 ext. 104

fax (703) 872-9173

e-mail: ecom112@uspto.gov

 

 

How to respond to this Office Action:

 

To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.

 

To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.

 

To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.

 

To check the status of your application at any time, visit the Office’s 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 Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

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