UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

Serial Number   78/401839      

 

NOTICE OF SUSPENSION

 

SUSPENSION PROCEDURE:  This suspension notice serves to suspend action on the application for the reason(s) specified below.  No response is needed.  37 C.F.R. §2.67.  However, the examining attorney will conduct periodic status checks and may issue inquiries at 6 month intervals from the mailing date of this notice.  TMEP §716.05.  If a status inquiry Office action issues, applicant will have 6 months from the mailing or e-mailing date of the status inquiry to respond.  15 U.S.C. §1062(b); 37 C.F.R. §2.62.

 

MAILING/E-MAILING DATE INFORMATION:  If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.

 

Action on this application is suspended pending receipt of a true copy, a photocopy, a certification, or a certified copy of a foreign registration from applicant's country of origin.  If the registration is in a foreign language, an English translation must also be submitted.  15 U.S.C. §1126(e); 37 C.F.R. §§2.34(a)(3)(ii); TMEP §§716.02(b), 1004 et seq.  Please note that applicant must notify the examining attorney if the foreign application abandons.

 

The Section 2(d) refusal and prior pending application notices are withdrawn.  The identification change is accepted and made of record.  However, the Section 2(e)(1) descriptiveness refusal is maintained and continued.

 

Informational notice / Section 44(d) basis

Applicant has claimed priority under Section 44(d), 15 U.S.C. §1126(d), as the basis for filing; and this Office presumes, unless otherwise indicated, that applicant intends to rely upon the resulting foreign registration as a basis for registration in the United States. TMEP §§806.01(c) and 1003.03.  Under such circumstances, the application may not be approved for publication until a copy of the foreign registration and, if appropriate, an English translation signed by the translator, have been filed.  TMEP §§1004.01 et seq.

 

Where an application is based on a foreign application for the same mark and the same goods or services, applicant must satisfy the following requirements:

 

(1)   File a “claim of priority” within six months of the filing date of the foreign application.

 

(2)   Specify the filing date and foreign country of the first regularly filed foreign application; or state that the application is based upon a subsequent regularly filed application in the same foreign country, and that any prior-filed application has been withdrawn, abandoned or otherwise disposed of, without having been laid open to public inspection and without having any rights outstanding, and has not served as a basis for claiming a right of priority;

 

(3)   Specify the serial number of the foreign application upon which the priority claim is based; and

 

(4)   Submit the following verified statement:  “Applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods or services listed in the application as of the filing date of the application.”  The statement must be verified in a notarized affidavit or a signed declaration under 37 C.F.R. §§2.20 and 2.33.

 

Trademark Act Section 44(d), 15 U.S.C. §1126(d); 37 C.F.R. §2.34(a)(4); TMEP §806.01(c).

 

 

Thank you,

/sean w. dwyer/

 

Sean W. Dwyer

United States Patent Trademark Office

Trademark Examiner

Law Office 107

571-272-9273