| To: | Washington Fruit & Produce Co. (trademarks@stokeslaw.com) |
| Subject: | TRADEMARK APPLICATION NO. 78486162 - MONKEY KING - 43076-003 |
| Sent: | 4/7/2006 11:51:17 PM |
| Sent As: | ECOM101@USPTO.GOV |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 78/486162
APPLICANT: Washington Fruit & Produce Co.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: MONKEY KING
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CORRESPONDENT’S REFERENCE/DOCKET NO: 43076-003
CORRESPONDENT EMAIL ADDRESS: |
Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address..
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Serial Number 78/486162
Applicant is requesting reconsideration of a final refusal dated August 17, 2005.
The trademark examining attorney has carefully reviewed the request for reconsideration and is not persuaded by applicant’s arguments in favor of the specimens of record. No new issue has been raised and no new compelling evidence has been presented with regard to the points at issue in the final action. TMEP §715.03(a). Therefore, the request for reconsideration is denied and the final requirement for an acceptable specimen of use is continued.
Because applicant has not filed an appeal with the Trademark Trial and Appeal Board, and there is no time remaining in the response period, the application will be declared abandoned in due course for failure to file a persuasive and complete response to the final Office action. 37 C.F.R. §2.65(a).
An unsuccessful request for reconsideration of a final refusal that is not accompanied by a notice of appeal is treated as an “incomplete response” to the final Office action. 37 C.F.R. §2.64(a); TMEP §1714.01(f)(ii). Where the trademark examining attorney has continued the refusal(s) and/or requirement(s), and the deadline for response to the final action has expired, then the application is deemed abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a); TMEP §715.03(c). The filing of a request for reconsideration does not extend the time for filing a proper response to the final action, which runs from the date the final action was mailed. 37 C.F.R. §2.64(b); TMEP §§715.03 and 715.03(c).
PLEASE NOTE: If a request for reconsideration is denied and the application is held abandoned, then applicant may file a petition to the Director under 37 C.F.R. §2.146 to reverse the trademark examining attorney’s holding of abandonment. TMEP §715.03(a). However, the trademark examining attorney’s action will be reversed on petition only if there has been clear error or abuse of discretion. See TMEP §1713. The unintentional delay standard of 37 C.F.R. §2.66 does not apply in this situation. See TMEP §1714.01(f)(ii). A fee of $100 must accompany the petition. 37 C.F.R. §2.6.
If the applicant has any questions or needs assistance in responding to this Office action, please e-mail or telephone the assigned examining attorney.
/Steven M. Perez/
Steven M. Perez
Trademark Attorney
Law Office 101
(571) 272-5888
steven.perez@uspto.gov