To: | Active Apparel, LLC (utaotafa@wsgr.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85031195 - CODE - 39103.900 |
Sent: | 3/14/2011 11:24:50 AM |
Sent As: | ECOM115@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
APPLICATION SERIAL NO. 85031195
MARK: CODE
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: Active Apparel, LLC
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CORRESPONDENT’S REFERENCE/DOCKET NO: 39103.900
CORRESPONDENT E-MAIL ADDRESS: |
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EXAMINER’S AMENDMENT
ISSUE/MAILING DATE: 3/14/2011
APPLICATION HAS BEEN AMENDED: The trademark examining attorney has amended the application as indicated below. Please advise the undersigned immediately of any objections. Otherwise, no response is necessary. TMEP §707. Any amendments to the identification of goods and/or services may clarify or limit the goods and/or services, but may not add to or broaden the scope of the goods and/or services. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.
PARTIAL ABANDONMENT – APPLICATION HAS BEEN AMENDED
The above-referenced application is abandoned in part because applicant failed to file a response to the Office action dated 8/16/10. See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a); TMEP §718.02(a). A response was due within six months from the date of issuance of the previous Office action in order to avoid abandonment of the application; however, no response was received within this time period.
The outstanding Office action included refusal(s) and/or requirement(s) that applied to only a portion of the application; therefore, only that portion of the application is abandoned. See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a); TMEP §718.02(a).
The portion of the identification that was the subject of the partial refusal(s) and/or requirement(s) will be deleted from the application. The application will proceed with the following identification: Clothing, namely, shirts, pants, jackets, footwear, hats and caps, coats, neckwear, swim wear, sweaters .
If applicant’s failure to respond was unintentional, applicant may file a petition to revive the portion of the application that abandoned. 37 C.F.R. §2.66(a); TMEP §§718.02(a), 1714.01(d). The petition must be filed within two months of the date of issuance of this letter and may be filed online at http://www.gov.uspto.report/trademarks/teas/petition_forms.jsp. See 37 C.F.R. §2.66(a); TMEP §§718.02(a), 1714.01(a), (d). A $100 fee for such a petition is required. See 37 C.F.R. §2.6(a)(15).
/Howard B. Levine/
Howard B. Levine
Examining Attorney
Law Office 115
(571) 272 –9188
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/teas/eTEASpageE.htm.