UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

MAILING/E-MAILING DATE INFORMATION:  If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.

 

Serial Number  79/015643

 

The response filed on April 24, 2006, appears to have been signed by someone without legal authority to bind applicant.  To avoid abandonment, applicant must submit a copy of the response properly signed by applicant or a person with legal authority to bind applicant within thirty days of the mailing date of this letter or within the time remaining in the period for response to the last Office action, whichever is longer.  37 C.F.R. §§2.65(b) and 10.18; TMEP §§712, 712.01, 712.03 and 718.03(b).  Action on the merits of the response is deferred until a properly signed response is received.

 

Applicant can fax a properly signed copy of the response to the undersigned at 571-273-8272, or submit a properly signed and dated copy of the response via the Trademark Electronic Application System (TEAS) response form online at http://www.gov.uspto.report/teas/index.html. 

 

A non-attorney who is authorized to verify facts on behalf of an applicant under 37 C.F.R. §2.33(a)(2) is not entitled to sign responses to Office actions, unless he or she has legal authority to bind applicant.  TMEP §§712.01 and 712.03.

 

Please be advised that the only attorneys who can practice before the United States Patent and Trademark Office (USPTO) in trademark matters are:

 

(1)   Attorneys in good standing with the bar of any U.S. court or the highest court of any U.S. state, and

 

(2)   Canadian attorneys who have applied for and received reciprocal recognition by the USPTO under 37 C.F.R. §10.14(c). 

 

37 C.F.R. §10.14; TMEP §602.

 

Foreign attorneys are not permitted to practice before the USPTO, other than properly authorized Canadian attorneys.  Preparing a paper, authorizing an amendment to an application, or submitting legal arguments in response to a requirement or refusal constitutes representation of a party in a trademark matter.  A response signed by an unauthorized foreign attorney will be considered an incomplete response.  TMEP §§602, 602.03, 603.05.

 

Clarification of Entity Advisory

 

In the tentative response, applicant has clarified that it is a limited company.  Please note that previous registrations have listed applicant as a corporation, not a company.

 

 

 

/Pamela N. Hirschman/

Trademark Examining Attorney

Law Office 105

571-272-8272

 

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond using the Office’s Trademark Electronic Application System (TEAS) Response to Office action form available on our website at http://www.gov.uspto.report/teas/index.html.  If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS.  NOTE:  Do not respond by e-mail.  THE USPTO WILL NOT ACCEPT AN E-MAILED RESPONSE.
• REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above, and include the serial number, law office number, and examining attorney’s name.  NOTE:  The filing date of the response will be the date of receipt in the Office, not the postmarked date.  To ensure your response is timely, use a certificate of mailing.  37 C.F.R. §2.197.

 

STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.

 

VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.

 

GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.