Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT OWNER’S TRADEMARK REGISTRATION

CLICK ON THE LINK BELOW TO RESPOND TO THIS LETTER AND SELECT FORM NUMBER 11:

 http://www.gov.uspto.report/trademarks/teas/reg_maintain.jsp

POST REGISTRATION OFFICE ACTION

ISSUE/MAILING DATE: 12/13/2018

U.S. Registration Number  4179870

The Section 7 New Certificate Request submitted on November 14, 2018 is not accepted for the reason(s) set forth below.

OWNERSHIP/STATE OF INCORPORATION

The party who filed the Section 7 New Certificate Request must establish its ownership of the subject registration, and record documents showing a complete chain of title in the Assignment Division of the Office.  The Trademark Act requires the current owner of the registration to file the Section 7 New Certificate Request.  15 U.S.C. §1057(d); 37 C.F.R. §§2.171(a) and 3.85; TMEP §502.02.  Office records do not show clear chain of title in the party who filed the Section 7 New Certificate Request.

The filer of the Section 7 New Certificate Request must clarify its name and ownership of the subject registration.  The owner’s name on the registration is identified as TWEAK FOOTWEAR, INC., a Delaware corporation, but the party who filed the Section 7 New Certificate Request is identified as TWEAK FOOTWEAR, INC., a China corporation.

If the party who filed the Section 7 New Certificate Request is the current owner of the registration, then this party must record its assignment (or other document showing transfer of title) with the Assignment Division to enable the Section 7 New Certificate Request to be processed.  15 U.S.C. §1057(d); 37 C.F.R. §§2.171(a) and 3.85; TMEP §502.03.

The party who filed the Section 7 New Certificate Request must establish its ownership of the subject registration, as well as ensure that this ownership information is recorded with the Assignment Division.  37 C.F.R. §§2.171(a) and 3.73; TMEP §502.03.

The owner must notify the undersigned paralegal when the ownership documents have been filed and/or recorded in the Assignment Division.  The Section 7 New Certificate Request will then be processed. 

If the wrong party filed the Section 7 New Certificate Request, then the current owner may file a new Section 7 New Certificate Request with a new fee.

The owner has six months from the issuance date of this letter to respond to all the issues raised in this letter.  In order to expedite the processing of your Section 7 New Certificate Request, the early submission of a response to this letter is encouraged.  If a complete response is not received in the Office within this time period, then the Section 7 New Certificate Request will be considered abandoned.  37 C.F.R. §2.176. 

/Dana L. Newton/

Trademark Specialist

Post Registration Division

571-272-9544

571-273-9544 – fax

Dana.Newton@uspto.gov

USPTO

TO RESPOND TO THIS LETTER:  Use the Trademark Electronic Application System (TEAS) Response to Post-Registration Office action form number 11 at http://www.gov.uspto.report/trademarks/teas/reg_maintain.jsp.  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. For questions about the Office action itself, please contact the assigned specialist.  E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

All informal e-mail communications relevant to this registration will be placed in the official registration record.

WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual owner or someone with legal authority to bind an owner (i.e., a corporate officer, a general partner, all joint owners). If an owner is represented by an attorney, the attorney must sign the response.

CHECK THE STATUS OF THE REGISTRATION:  To check the status of your registration at any time, visit the Office’s Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen.  For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.