Notice of Acceptance Section 71

VW

Volkswagen Aktiengesellschaft

Trademark RN 2992649: Official Notice of Acceptance under Section 71 of the Trademark Act


From: TMOfficialNotices@USPTO.GOV
Sent: Monday, September 19, 2011 11:00 PM
To: mail@iplawsolutions.com
Subject: Trademark RN 2992649: Official Notice of Acceptance under Section 71 of the Trademark Act

U.S. Registration Number:   2992649 Serial Number:   79001133
U.S. Registration Date:   Sep 6, 2005
International Reg. No.:   0728196
Date of Notice:   Sep 19, 2011

Mark:   VW(STANDARD CHARACTER MARK)
U.S. Registration Holder/Owner:   Volkswagen Aktiengesellschaft



NOTICE OF ACCEPTANCE
15 U.S.C. Sec. 1141k(e)

THE AFFIDAVIT FILED FOR THE ABOVE-IDENTIFIED REGISTRATION MEETS THE REQUIREMENTS OF SECTION 71 OF THE TRADEMARK ACT, 15 U.S.C. Sec. 1141k.

ACCORDINGLY, THE SECTION 71 AFFIDAVIT IS ACCEPTED.

THE U.S. REGISTRATION SHALL REMAIN IN FORCE FOR THE TERM OF THE INTERNATIONAL REGISTRATION UPON WHICH IT IS BASED FOR THE FOLLOWING CLASS(ES).

Class(es):
012, 016, 028, 035, 036, 037, 039, 040, 041, 042





TRADEMARK SPECIALIST
POST-REGISTRATION DIVISION
571-272-9500




ORIGINAL   





REQUIREMENTS FOR MAINTAINING A U.S. TRADEMARK REGISTRATION EXTENDING
PROTECTION OF AN INTERNATIONAL REGISTRATION

WARNING: In addition to filing renewals of your international registration with the International Bureau of WIPO as required under the Madrid Protocol, your registered extension of protection will be canceled if you do not file the documents below during the specified time periods.

I)  SECTION 71: AFFIDAVIT OF CONTINUED USE

Requirements in the First Ten Years

What and When to File:  You must file an Affidavit or Declaration of Use (or Excusable Nonuse) between the 9th and 10th years after the date of issuance of the U.S. registration extending protection. 15 U.S.C. §1141k(a)(2).

Requirements in Successive Ten-Year Periods

What and When to File:  You must file an Affidavit or Declaration of Use (or Excusable Nonuse) between every 9th and 10th-year period, calculated from the date of issuance of the U.S. registration extending protection. 15 U.S.C. §1141k(a)(2).

Grace Period Filings

The above documents will be accepted as timely if filed within six months after the deadlines listed above with the payment of an additional fee. 15 U.S.C. §1141k(a)(3).

Failure to file the Section 71 Affidavit will result in the cancellation of the U.S. registration and invalidation of the protection of the international registration in the United States.

II)  RENEWAL OF INTERNATIONAL REGISTRATION

The international registration remains in force for 10 years, with the possibility of renewal.  Madrid Protocol, Article 6(1).  Failure to renew the international registration with the International Bureau of the World Intellectual Property Organization (WIPO) will result in the expiration of the U.S. registration even if the Section 71 affidavit of use has been accepted.

Any international registration may be renewed for a period of ten years from the expiry of the preceding period, by the mere payment of the required fee to the International Bureau.  Madrid Protocol, Article 7(1).  The deadlines for renewing the international registration are calculated from the international registration date.  If the international registration is not renewed, the corresponding U.S. registration will cease to be valid as of the date of the expiration of the international registration.  15 U.S.C. Sec. 1141j(b).  Renewal applications must be filed with the International Bureau in accordance with Article 7 of the Madrid Protocol, 37 C.F.R. Sec. 7.41(a).  The USPTO will not process or forward any requests to renew an international registration or extension of protection to the United States if mistakenly submitted to the USPTO.   37 C.F.R. Sec. 7.41(b).

*** THE USPTO WILL NOT SEND ANY FURTHER NOTICE OR REMINDER OF THESE REQUIREMENTS.  THE HOLDER/OWNER SHOULD CONTACT THE USPTO ONE YEAR BEFORE THE EXPIRATION OF THE TIME PERIODS SHOWN ABOVE TO DETERMINE APPROPRIATE REQUIREMENTS AND FEES. ***

To view this notice and other documents for this application on-line, go to http://tdr.gov.uspto.report/search.action?sn=79001133.  NOTE: This notice will only be available on-line the next business day after receipt of this e-mail.

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