Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 POST REGISTRATION OFFICE ACTION

Registration Number  2899974

The Section 7(h) Request for Correction submitted on November 17, 2009 is not accepted for the reasons set forth below.

The owner must submit a statement explaining how the error occurred, verified in an affidavit or with declaration under 37 C.F.R. §2.20.  A Section 7 Request for Correction that involves a mistake made by the owner of the registration must include a verified explanation that shows the error occurred in good faith.  37 C.F.R. §2.175(b).

To verify the Section 7 Request for Correction, the owner must submit a substitute affidavit or declaration under 37 C.F.R. §2.20.  The following is a properly worded declaration in accordance with 37 C.F.R. §2.20 that can be inserted at the end of your response, and signed and dated:

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 Request for Correction 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. §2.175(b)(2).

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 Request for Correction, 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 Request for Correction will be considered abandoned.  37 C.F.R. §2.176. 

Sincerely,

Tamika Whitsey

TM Specialist

Post Registration Division

571-272-4321 office

571-273-4321 fax

tamika.whitsey@uspto.gov

How to respond to this Office Action:

To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the registration number, the words 'Post Registration' and the examiner'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 INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINER.