To: | UniTek Global Services, Inc. (RGearhart@Gearhartlaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85044124 - UNITEK - 1670 BCI 07 |
Sent: | 9/7/2010 4:26:37 PM |
Sent As: | ECOM105@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
APPLICATION SERIAL NO. 85044124
MARK: UNITEK
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/teas/eTEASpageD.htm
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APPLICANT: UniTek Global Services, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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STRICT DEADLINE TO RESPOND TO THIS LETTER
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
ISSUE/MAILING DATE: 9/7/2010
SEARCH RESULTS
NAME CHANGE
An application is void if it was filed in the name of a party who did not own the applied for mark as of the application filing date. 15 U.S.C. §1051; 37 C.F.R. §2.71(d); Huang v. Tzu Wei Chen Food Co., 849 F.2d 1458, 1460, 7 USPQ2d 1335, 1336 (Fed. Cir. 1988); TMEP §§803.06, 1201.02(b). A void application cannot be cured by amendment or assignment. 37 C.F.R. §2.71(d); TMEP §§803.06, 1201.02(b). In such cases, the true owner must file a new application. TMEP §803.06.
If the application was filed by the owner and the original applicant has since changed its name or transferred ownership of the mark to another entity, then the new owner must submit documentation to establish a clear chain of title as follows:
(1) The new owner must record an assignment, name change or other documentation affecting title with the Office’s Assignment Services Branch showing a clear chain of title to the mark in the new owner, and promptly notify the examining attorney that such documentation has been recorded; or
(2) The new owner must submit either a written statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20, explaining in detail the chain of title to the current owner, or submit documentation showing transfer of title to the new owner. However, the registration will not issue in the new owner name without recording chain of title documentation with the Office and notifying the examining attorney, as specified in (1) above.
37 C.F.R. §3.73(b)(1); TMEP §502.01; see 15 U.S.C. §1060; 37 C.F.R. §2.193(e)(1).
Assignments and other documents affecting title can be filed electronically at http://etas.gov.uspto.report/. There is a fee for recording such ownership changes. 37 C.F.R. §§2.6(b)(6), 3.41(a); TMEP §503.03(d). Merely recording an assignment or other ownership transfer document does not constitute a response to an Office action. See TMEP §503.01(d).
If the party applying to register the mark is in fact the owner of the mark, but there is a typographical error or other minor mistake in the manner in which the name of the applicant is set forth in the application, the mistake may be corrected by amendment. U.S. Pioneer Elecs. Corp. v. Evans Mktg., Inc., 183 USPQ 613 (Comm’r Pats. 1974); see TMEP §1201.02(c) (providing examples of correctable and non-correctable errors).
TEAS PLUS APPLICANTS MUST SUBMIT DOCUMENTS ELECTRONICALLY OR SUBMIT FEE: Applicants who filed their application online using the reduced-fee TEAS Plus application must continue to submit certain documents online using TEAS, including responses to Office actions. See 37 C.F.R. §2.23(a)(1). For a complete list of these documents, see TMEP §819.02(b). In addition, such applicants must accept correspondence from the Office via e-mail throughout the examination process and must maintain a valid e-mail address. 37 C.F.R. §2.23(a)(2); TMEP §§819, 819.02(a). TEAS Plus applicants who do not meet these requirements must submit an additional fee of $50 per international class of goods and/or services. 37 C.F.R. §2.6(a)(1)(iv); TMEP §819.04. In appropriate situations and where all issues can be resolved by amendment, responding by telephone to authorize an examiner’s amendment will not incur this additional fee.
/Evelyn Bradley/
Evelyn Bradley
Trademark Examiner
Law Office 105
(571) 272-9292
TO RESPOND TO THIS LETTER: Use the Trademark Electronic Application System (TEAS) response form at http://teasroa.gov.uspto.report/roa/. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
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.