Offc Action Outgoing

THERMO SCIENTIFIC

THERMO FISHER SCIENTIFIC INC.

TRADEMARK APPLICATION NO. 78921252 - THERMO SCIENTIFIC - N/A

To:	THERMO FISHER SCIENTIFIC INC. (trademarks@bakerlaw.com)
Subject:	TRADEMARK APPLICATION NO. 78921252 - THERMO SCIENTIFIC - N/A
Sent:	09/10/08 10:42:45 AM
Sent As:	ecomitu@uspto.gov
Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 78921252

APPLICANT: THERMO FISHER SCIENTIFIC INC.

*78921252*

September 10, 2008

CORRESPONDENT ADDRESS:

John H. Weber

Baker & Hostetler LLP

Washington Square, Suite 1100

1050 Connecticut Avenue, N.W.

Washington DC 20036

RETURN ADDRESS:

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA 22313-1451

MARK: THERMO SCIENTIFIC

CORRESPONDENT’S REFERENCE/DOCKET NO: N/A

CORRESPONDENT EMAIL ADDRESS:

trademarks@bakerlaw.com

Please provide in all correspondence:

1. Filing date, serial number, mark and

applicant's name.

2. Date of this Office Action.

3. Examiner’s name and “Intent to Use Section”.

4. Your telephone number and e-mail address.

INTENT TO USE OFFICE ACTION

Serial Number 78921252

DIVISIONAL UNTIMELY – NO STATEMENT OF USE FILED AFTER NOTICE OF ALLOWANCE

The request to divide application serial no. 78/921252, filed on August 29, 2008, is untimely and will not be processed. Any fees submitted with the request will be refunded in due course.

A request to divide filed after issuance of a notice of allowance must either be accompanied by a statement of use or must be submitted after the statement of use is filed but prior to the date the trademark examining attorney approves the mark for registration. 37 C.F.R. §2.87(c); TMEP §1110.01. In the present case, the request to divide the application was filed after issuance of the notice of allowance on May 6, 2008, but prior to the filing of a statement of use.

Applicant may resubmit a request to divide when filing the statement of use, or after the filing of the statement of use but prior to the date the examining attorney approves the mark for registration. All divisional fees must also be resubmitted at that time.

Please contact the undersigned with any questions.

/Sly Douglas/

Sly Douglas

Paralegal Specialist

ITU Divisional Unit

(571)-272-9497

(571)-273-9497

Sly.douglas@uspto.gov

If a response to this Office Action is required, you may:

Respond via regular mail. Your response should be sent to the “Return Address” identified above and include the serial number, the mark, the applicant’s name, the words “Response to Intent to Use Office Action” and your telephone number.

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