To: | MEGAPATH GROUP, INC. (trademarks@fenwick.com) |
Subject: | TRADEMARK REGISTRATION NO. 3031691 - ONELINK - N/A |
Sent: | 06/29/12 11:28:39 AM |
Sent As: | ecom116@uspto.gov |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT REGISTRANT’S TRADEMARK REGISTRATION
REGISTRATION NO. 3031691
REGISTRANT: MEGAPATH GROUP, INC.
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CORRESPONDENT’S ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/teas/eTEASpageC.htm
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MARK: ONELINK
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CORRESPONDENT’S REFERENCE/DOCKET NO. N/A
CORRESPONDENT’S EMAIL ADDRESS: |
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ISSUE/MAILING DATE: 6/29/2012
Registration Number 3031691
Your response to the outstanding Office action regarding the Section 8 Affidavit was timely received on June 22, 2012. After consideration of the response and the facts of record, the refusal to accept the Section 8 Affidavit is maintained for the reason(s) set forth below.
The Section 8 Affidavit cannot be accepted because the owner is claiming excusable nonuse under Trademark Act Section 8. 15 U.S.C. §1058. A proper claim of excusable nonuse must include all of the following information:
(1) the date of last use of the mark;
(2) details explaining the special circumstances excusing nonuse;
(3) the steps being taken to resume use; and
(4) the approximate date when use is expected to resume.
37 C.F.R. §2.161(f)(2); TMEP §1604.11.
The owner must submit additional information showing that the special circumstances justifying nonuse were not within the control of the owner. The explanation of special circumstances of record appears to indicate that the nonuse was within the control of the owner in this case. Specifically, the owner has indicated that it is not currently using the mark because of developing a new marketing plan.
Therefore, the owner must provide detailed steps taken to resume use of the mark regarding the marketing plans.
If you disagree with this refusal to accept the Section 8 Affidavit, you may file a petition to the Director to review this decision. 37 C.F.R. §§2.146(a)(2), 2.165; TMEP §§1604.18 et seq. The petition must be filed within six months from the issuance date of this letter and be accompanied by a fee of $100. 37 C.F.R. §§2.6, 2.146(c), 2.165(b). Any facts to be proven on petition must be in the form of an affidavit or declaration under 37 C.F.R. §2.20; and signed by someone with firsthand knowledge of the facts to be proved. 37 C.F.R. §2.146(c).
/Dana D. Austin/
Dana D. Austin
Trademark Specialist
Post Registration Division
Office of Trademark Services
(571) 272-9536 (Direct Line)
TO RESPOND TO THIS LETTER: Use the Trademark Electronic Application System (TEAS) Response to Post-Registration Office action form at http://www.gov.uspto.report/teas/eTEASpageC.htm. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the registration. For technical assistance with online forms, e-mail TEAS@uspto.gov.
WHO MUST SIGN THE RESPONSE: It must be personally signed by (1) an individual registrant; (2) someone with legal authority to bind registrant (i.e., a corporate officer, a general partner, all joint applicants); or (3) an authorized attorney, if one is appointed to represent registrant. If a registrant is represented by an attorney, the attorney must sign the response.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/teas/eTEASpageE.htm.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED SPECIALIST.