To: | CAMPAGNOLO S.R.L. (iplaw@vorys.com) |
Subject: | U.S. Trademark Registration No. 3814559 - RED ZONE - 72924-000279 |
Sent: | 06/25/21 03:22:20 PM |
Sent As: | prg@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Owner’s Trademark Registration
U.S. Registration No. 3814559
Mark: RED ZONE
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Correspondence Address: |
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Owner: CAMPAGNOLO S.R.L.
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Reference/Docket No. 72924-000279
Correspondence Email Address: |
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OFFICE ACTION
The USPTO must receive the owner’s response to this letter within the time period specified below. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears below.
Issue date: June 25, 2021
WARNING: Failure to timely respond to this Office action will result in the cancellation of the entire registration. 37 C.F.R. §§2.163(c), 7.39(b).
The response to the outstanding Office action regarding the Sections 71 & 15 Combined Affidavit or Declaration was timely received on January 8, 2021. After consideration of the response, the refusal to accept the affidavit or declaration is maintained because although the response was otherwise acceptable, the following fees were not submitted.
Fees for Deletions Due
Each time the owner/holder amends its registration to delete goods and/or services, the owner/holder incurs a $250 fee for each class in which goods and/or services are deleted. See 37 C.F.R. §§2.6(a)(12)(ii), 2.161(c), 7.6(a)(6)(iv), 7.37(c). In response to the first Office action, the owner/holder deleted goods and/or services in one class(es), incurring $250 in fees. Therefore, the owner/holder must submit $250.
Deficiency Surcharge Due
The Trademark Act requires that the owner/holder list the goods and/or services with which the mark is in use in commerce in the affidavit or declaration. 15 U.S.C. §§1058(b)(1)(B), 1141k(b)(1)(B). The owner/holder deleted good(s) and/or service(s) from the affidavit or declaration after it was filed to correct the inaccurate list of goods and/or services with which the mark is in use in commerce. Although this deficiency in the affidavit or declaration is correctable, corrections submitted after the statutory filing period of the original affidavit or declaration must be accompanied by a deficiency surcharge. 15 U.S.C. §§1058(c), 1141k(c); 37 C.F.R. §§2.6, 2.164, 7.6, 7.39(c). Accordingly, because the owner/holder did not provide an accurate list of goods and/or services with which the mark is in use in commerce during the one-year period before the end of the ten-year period after the date of registration, the owner/holder must submit the $100 deficiency surcharge. 37 C.F.R. §§2.6 2.164, 7.6, 7.39(c); TMEP §§1604.17(a), 1613.17(a).
If the owner/holder disagrees with the requirement for fees, the owner/holder may submit a Petition to the Director. Otherwise, the owner/holder must submit the required fees or the registration will be cancelled in full.
Detailed information regarding the audit program is provided on the Post Registration Audit Program webpage.
How to respond. Click to file a Response to Post-Registration Office action.
Direct questions about this Office action to the Post Registration staff member below.
/Rodney Makel/
Program Analyst
USPTO - Office of Trademark Quality Review & Training
Phone: (571) 272-2250
Email: Rodney.Makel@uspto.gov
RESPONSE GUIDANCE