Incomp ITU Extension

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

NOTICE OF INCOMPLETE EXTENSION REQUEST

 

TO AVOID THE DENIAL OF YOUR REQUEST FOR EXTENSION OF TIME TO SUBMIT A STATEMENT OF USE, WE MUST RECEIVE A PROPER RESPONSE TO THIS NOTICE  WITHIN THIRTY (30) OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  78/206187

 

The request for extension of time to file a statement of use (extension request) filed on January 25, 2006, meets the minimum filing requirements and is provisionally accepted.  However, to avoid abandonment of the application, a response satisfying the deficiencies below must be received in the United States Patent and Trademark Office (USPTO) within thirty (30) days from the mailing date of this letter, or before expiration of the current extension period, whichever is longer.

 

EXTENSION REQUEST IS DEFICIENT AS FOLLOWS:

 

NO VERIFIED STATEMENT OF APPLICANT’S “BONA FIDE INTENT TO USE THE MARK IN COMMERCE” SUBMITTED:  The statement that “applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods and/or services under §1(b) in the notice of allowance,” was omitted from the extension request.  This statement, verified by affidavit or declaration under 37 C.F.R. §2.20, and signed by applicant or a person authorized to sign on behalf of applicant, is one of the minimum filing requirements.  15 U.S.C. §1051(d)(2); 37 C.F.R. §§2.89(a)(3) and (b)(3); TMEP §1108.02(e).

 

ENSURE TIMELY SUBMISSION OF RESPONSES AND PETITIONS:  Please note that the filing date of a document in the United States Patent and Trademark Office is the date of receipt in the Office, not the date of deposit in the mail.  37 C.F.R. §2.195.  To avoid lateness due to mail delay, applicant is encouraged to use a certificate of mailing under 37 C.F.R. §2.197 on the submitted documents.

 

The following is a properly worded certificate of mailing.  Applicant should add this certificate, properly completed, to its submission.

 

CERTIFICATE OF MAILING:

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, VA, 22313-1451, on _____________________________ (specify calendar date).

 

________________________________

Signature

 

________________________________

Print/Type Name of Signer

 

________________________________

Date Signed

 

 

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE INTENT TO USE UNIT.

 

 

 

 

 

Portia C. Taylor

Paralegal Specialist

ITU/Divisional Unit

(571) 272-9513

(571) 273-9513 Fax

 

 

 

 

How to respond to this Office Action:

 

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