Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.

 

ISSUE/MAILING DATE:                                                       MARK:  IBED

 

The applicant has submitted a response to a final refusal issued on January 9, 2007.  The applicant’s response  has been reviewed and treated as an unofficial request for reconsideration.

Accordingly, the trademark examining attorney has carefully reviewed the request for reconsideration and is not persuaded by applicant’s arguments.  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 refusals  are continued.

 

Because applicant has not yet filed an appeal with the Trademark Trial and Appeal Board, 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.

 

Georgia Ann Carty Ellis

/GeorgiaAnnCartyEllis/

Trademark Attorney

Law Office 117

(571)-272-9377

 

 

RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office Action should be filed using the Office’s Response to Office action form available at http://www.gov.uspto.report/teas/eTEASpageD.htm.  If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification.  Do not attempt to respond by e-mail as the USPTO does not accept e-mailed responses.

 

If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response.  Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.

 

STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov.  When conducting an online status check, print and maintain a copy of the complete TARR screen.  If the status of your application has not changed for more than six months, please contact the assigned examining attorney.