Petition to Revive Notice of Deficiency

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

PETITION TO REVIVE

NOTICE OF DEFICIENCY

 

Serial Number  78/574365

 

The petition to revive filed on March 10, 2008 remains incomplete because it does not comply with the minimum requirements for filing a petition.  Trademark Rule 2.66, 37 C.F.R. §2.66; TMEP §1714.  You are hereby provided THIRTY DAYS from the mailing date of this notice to complete your petition by submitting the requirements identified below.  If the required item(s) are not received on or before the expiration of the thirty-day period, the petition will be denied, without consideration on the merits and the application will remain abandoned.  37 C.F.R. §2.66.

 

The third extension request was omitted. The required verified showing of good cause as to why use of the mark has not yet commenced, i.e., an explanation as to applicant’s ongoing efforts to make use of the mark in commerce must be submitted.  This statement must be verified in an affidavit or a declaration under 37 C.F.R. §2.20.  15 U.S.C. §1051(d)(2); 37 C.F.R. §2.89(b)(4); TMEP §1108.02(f). 

 

 

EXAMPLE OF VERIFIED GOOD CAUSE STATEMENT:  The following statement and declaration under 37 C.F.R. §2.20 can be used to satisfy the requirement for a verified statement of applicant’s ongoing efforts to use the mark if properly completed and signed and dated by applicant or a person authorized to sign on behalf of applicant:

 

Applicant has made ongoing efforts to use the mark in commerce by engaging in the following activities (check those that apply below):

___  product and/or service research and development;

___  market research;

___  manufacturing activities;

___  promotional activities;

___  taking steps to acquire distributors; and/or

___  taking steps to obtain required government approval.

 

Applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods and/or services in the notice of allowance; the undersigned being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of this document, declares that s/he is properly authorized to execute this document on behalf of the applicant; and all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

______________________________

Signature

______________________________

Print/Type Name and Position

______________________________

Date

 

The fee for the third extension request has been submitted.

 

Please note that in addition, the fourth extension request or a statement of use will become due on or before August 15, 2008.  Filing a petition does not stay the time for filing these papers.  Trademark Rule 2.89(g), 37 C.F.R. §2.89(g); TMEP §§1108.05 and 1714.01(b)(i).  

 

 

 

 

 

 

/Deborah D Mays/

Paralegal Specialist

Office of Petitions

Phone:  (571) 272-9575

Fax: (571) 273-9575

 

 

How to respond to this Office Action:

 

Your response should be sent to the Return Address listed above and should include a title “Response to Petition to Revive Notice of Deficiency.”.

 

 

 

Use a “CERTIFICATE OF MAILING”

 

The filing date of a document in the United States Patent and Trademark Office (USPTO) is the date of receipt in the Office, not the date of deposit in the mail.  Trademark Rule 2.195.  To avoid lateness due to mail delay, include a signed and dated certificate of mailing with your response.

 

Certificate of mailing under Trademark Rule 2.197:

 

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, Virginia 22313-1451, on __________________ (Date).

________________________________________

Signature

________________________________________

Printed or typed name

________________________________________

Date

 

 

To check the status of your application at any time, visit the 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 USPTO web site at http://www.gov.uspto.report/main/trademarks.htm