Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

 

NOTICE OF INCOMPLETE DIVISIONAL REQUEST

 

TO AVOID THE DENIAL OF YOUR REQUEST TO DIVIDE THE APPLICATION, WE MUST RECEIVE A PROPER RESPONSE TO THIS NOTICE WITHIN THIRTY (30) OF THE ISSUANCE DATE. 

 

 

Serial Number  78966200

 

DIVISIONAL FEES INSUFFICIENT

 

The request to divide the above-identified application, filed on March 2, 2009, is incomplete and cannot be processed until $325 in fees are submitted.  Applicant has thirty (30) days from the date of this Office action to submit the required fees.

 

The fee for a request to divide is $100 for each new application created.  No additional application filing fee is required unless an applicant wants to divide some, but not all, of the goods or services identified in one class.  In such cases, the application fee of $375 per class must be submitted for each new application created.  In addition, if a request to divide is filed with a statement of use or request for extension of time to file a statement of use (extension request), then the fees for a statement of use ($100 per class) and extension request ($150 per class) must also accompany the request to divide.  37 C.F.R. §§2.6, 2.87(g), 2.88(b)(3) and 2.89(a)(2); TMEP §1108.02(c), 1109.15 and 1110.02. 

 

In the present case, applicant submitted $100 in fees.  However, a total of $425 in fees is required.  Accordingly, applicant must submit $325 in fees.

 

Please contact the undersigned with any questions.

 

A request to divide an application is generally not considered a proper response to a trademark examining attorney’s Office action and does not relieve an applicant of the duty to respond to any outstanding Office action or to take any other required action.  TMEP §1110.05.

 

/TRACY WELCH/

Tracy Welch

Paralegal Specialist

Office of Trademark Services

ITU/Divisional Unit

571-272-9631 office

571-273-9631 fax

 

 

How to respond to this Office Action:

 

Your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.

 

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

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE INTENT TO USE UNIT.