UNITED STATES PATENT AND TRADEMARK OFFICE

NOTICE OF SUSPENSION

ISSUE/MAILING DATE: 8/13/2007

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, periodic status checks will be conducted and the examining attorney 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 of the status inquiry to respond.  15 U.S.C. §1062(b); 37 C.F.R. §2.62.

This letter responds to the applicant’s communication filed on July 16, 2007.  The applicant has not yet received the foreign registration.  The following is advised.

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.

Standard Character Claim in U.S. Application—Advisory as to Claim in the Foreign Registration

The U.S. application, which is based on a foreign registration pursuant to 15 U.S.C. §1126(e), contains a standard character claim.  However, because the foreign registration has not yet been submitted, the record is unclear as to whether the foreign registration includes this claim.  The mark in the U.S. application must be a substantially exact representation of the mark in the foreign registration; thus, they must both include a standard character claim.  See 37 C.F.R. §2.52; TMEP §§807.03(f) and 1011.01. 

Upon receipt of the foreign registration certificate, if it does not indicate that the mark is in standard characters, applicant will be required to (1) submit the following statement in the U.S. application:  “Under the law of the country of origin, the foreign application or registration includes a standard character claim or the equivalent,” or (2) delete the standard character claim from the U.S. application. 

/William T. Verhosek/

USPTO

LO 114

571-272-9464

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.

IMPORTANT NOTICE

USPTO OFFICE ACTION HAS ISSUED ON 8/13/2007 FOR

APPLICATION SERIAL NO. 78801524

Please follow the instructions below to continue the prosecution of your application:

VIEW OFFICE ACTION: Click on this link http://portal.gov.uspto.report/external/portal/tow?DDA=Y&serial_number=78801524&doc_type=SUL&mail_date=20070813 (or copy and paste this URL into the address field of your browser), or visit http://portal.gov.uspto.report/external/portal/tow and enter the application serial number to access the Office action.

PLEASE NOTE: The Office action may not be immediately available but will be viewable within 24 hours of this notification.

RESPONSE MAY BE REQUIRED: You should carefully review the Office action to determine (1) if a response is required; (2) how to respond; and (3) the applicable response time period. Your response deadline will be calculated from 8/13/2007.

Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System response form at http://www.gov.uspto.report/teas/eTEASpageD.htm.

HELP: For technical assistance in accessing the Office action, please e-mail

TDR@uspto.gov.  Please contact the assigned examining attorney with questions about the Office action. 

        WARNING

1. The USPTO will NOT send a separate e-mail with the Office action attached.

2. Failure to file any required response by the applicable deadline will result in the ABANDONMENT of your application.