Courtesy E-Reminder of Sec. 71 (6-yr)

SOLUTION

SOLUTION ITALY SOCIETA' A RESPONSABILITA' LIMITATA

Official USPTO Courtesy Reminder of Required Trademark Registration Maintenance Filing Under Section 71: U.S. Trademark RN 4438004: SOLUTION (Stylized/Design): Docket/Reference No. 4651.318


From: TMOfficialNotices@USPTO.GOV
Sent: Monday, November 26, 2018 01:19 AM
To: nwells@legendslaw.com
Cc: docket@legendslaw.com
Subject: Official USPTO Courtesy Reminder of Required Trademark Registration Maintenance Filing Under Section 71: U.S. Trademark RN 4438004: SOLUTION (Stylized/Design): Docket/Reference No. 4651.318

U.S. Registration Number:   4438004 U.S. Serial Number:   79122807
U.S. Registration Date:   Nov 26, 2013
International Reg. No.:   1141898
Mark:   SOLUTION (Stylized/Design)
U.S. Registration Holder/Owner:   SOLUTION ITALY SOCIETA' A RESPONSABILITA' LIMITATA ION ITALY SOCIETA' A RESPONSABILITA' LIMITATA



Nov 26, 2018

U.S. PATENT AND TRADEMARK OFFICE ("USPTO") COURTESY REMINDER
OF REQUIRED TRADEMARK REGISTRATION MAINTENANCE FILING UNDER SECTION 71


WARNING:  In addition to filing renewals of your international registration with the International Bureau ("IB") of the World Intellectual Property Organization ("WIPO") as required under the Madrid Protocol, you must also file the required document below during the specified statutory time period or your registered extension of protection to the United States (U.S. Registration) will be CANCELLED.

The above-identified registration registered in the United States on Nov 26, 2013.  Therefore, the holder/owner of the registration must file a Declaration of Use and/or Excusable Nonuse under §71 of the Trademark Act anytime between now and Nov 26, 2019.  For an additional fee, the holder/owner may file the declaration within the six-month grace period that ends on May 26, 2020.  See 15 U.S.C. §1141k.  The current fee for filing a declaration under §71 is $125 per class if the filing is made via the Trademark Electronic Application System ("TEAS") and $225 if the filing is made on paper, and the additional fee for filing during the six-month grace period is $100 per class if the filing is made via TEAS and $200 if the filing is made on paper.  37 C.F.R. §7.6.

If the registration meets the requirements of §15 of the Trademark Act, the holder/owner may additionally file an optional Declaration of Incontestability under §15.  See 15 U.S.C. §1065.  The current fee for filing a declaration under §15 is $200 per class if the filing is made via TEAS and $300 per class if the filing is made on paper.  37 C.F.R. §2.6.

To expedite processing, the holder/owner is encouraged to file through the USPTO's official website using TEAS.  Official forms for filing Declarations of Use and/or Excusable Nonuse under §71 and Combined Declarations of Use and Incontestability under §§71 and 15 are available through TEAS at http://www.gov.uspto.report/trademarks-application-process/filing-online/registration-maintenancerenewalcorrection-forms.

Assignments of extensions of protection to the United States must first be recorded at the IB.  The IB will notify the USPTO of any changes in name or ownership recorded in the International Register.  The USPTO will record only those assignments (or other documents affecting title) that have been recorded in the International Register.  TMEP §§501.07, 1904.06.  A new holder/owner can check the TSDR database at http://tsdr.gov.uspto.report/ to determine whether the trademark database has been updated to reflect a change in ownership that has been recorded with the IB.  For information on changes in ownership of international registrations, please see http://www.wipo.int/madrid/en/filing/change_ownership.html.  For information on changes of name of the holder/owner, please see http://www.wipo.int/madrid/en/filing/change_holder.html.

For further information regarding the maintenance of a trademark registration, including future maintenance filings, please consult the USPTO website at http://www.gov.uspto.report/learning-and-resources/trademark-faqs.

This reminder notice is being sent only as a courtesy to those trademark holders/owners who have authorized e-mail communication and maintain a current e-mail address with the USPTO.  Failure by the USPTO to send a reminder or non-receipt of a reminder does not excuse a trademark holder/owner from meeting the statutory obligations for maintaining a U.S. trademark registration.  If a U.S. registration is cancelled and/or expired due to the failure to timely file required maintenance documents, it cannot be reinstated or revived.

Correspondence transmitted through TEAS is considered to have been filed on the date the USPTO receives the transmission, in Eastern Time, regardless of whether that date is a Saturday, Sunday, or Federal holiday within the District of Columbia.  37 C.F.R. §2.195(a)(2).


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

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 IB will result in the expiration of the U.S. registration even if the Section 71 declaration 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 IB.  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. §1141j(b).  Renewal applications must be filed with the IB in accordance with Article 7 of the Madrid Protocol, 37 C.F.R. §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. §7.41(b).

To check the status of this registration, go to http://tsdr.gov.uspto.report/#caseNumber=79122807&caseType=SERIAL_NO&searchType=statusSearch or contact the Trademark Assistance Center at 1-800-786-9199.

In order to be eligible for future e-mail reminders of maintenance filings, please remember to authorize e-mail communication when filing your maintenance documents through TEAS.


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