Reconsideration Letter

TRULICITY

Eli Lilly and Company

U.S. TRADEMARK APPLICATION NO. 85183667 - TRULICITY - 997425 - SU - Request for Reconsideration Denied - Return to TTAB

To: Eli Lilly and Company (mamastrovito@lawabel.com)
Subject: U.S. TRADEMARK APPLICATION NO. 85183667 - TRULICITY - 997425 - SU - Request for Reconsideration Denied - Return to TTAB
Sent: 11/5/2014 12:17:40 PM
Sent As: ECOM114@USPTO.GOV
Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

U.S. APPLICATION SERIAL NO. 85183667

 

MARK: TRULICITY

 

 

        

*85183667*

CORRESPONDENT ADDRESS:

       MARIE ANNE MASTROVITO

       ABELMAN FRAYNE & SCHWAB

       666 THIRD AVENUE10TH FLOOR

       NEW YORK, NY 10017

      

 

 

 

GENERAL TRADEMARK INFORMATION:

http://www.gov.uspto.report/trademarks/index.jsp  

 

VIEW YOUR APPLICATION FILE

 

APPLICANT: Eli Lilly and Company

 

 

 

CORRESPONDENT’S REFERENCE/DOCKET NO:  

       997425     

CORRESPONDENT E-MAIL ADDRESS: 

       mamastrovito@lawabel.com

 

 

 

REQUEST FOR RECONSIDERATION DENIED

 

ISSUE/MAILING DATE: 11/5/2014

 

 

The trademark examining attorney, after consultation with Office management, has carefully reviewed applicant’s request for reconsideration and is denying the request for the reasons stated below.  See 37 C.F.R. §2.64(b); TMEP §§715.03(a)(2)(B), (a)(2)(E), 715.04(a).  The requirement(s) and/or refusal(s) made final in the Office action dated August 1, 2014, are maintained and continue to be final.  See TMEP §§715.03(a)(2)(B), (a)(2)(E), 715.04(a).

 

In the present case, applicant’s request has not resolved all the outstanding issue(s), nor does it raise a new issue or provide any new or compelling evidence with regard to the outstanding issue(s) in the final Office action.  In addition, applicant’s analysis and arguments are not persuasive nor do they shed new light on the issues.  Accordingly, the request is denied.

 

The filing of a request for reconsideration does not extend the time for filing a proper response to a final Office action or an appeal with the Trademark Trial and Appeal Board (Board), which runs from the date the final Office action was issued/mailed.  See 37 C.F.R. §2.64(b); TMEP §715.03, (a)(2)(B), (a)(2)(E), (c). 

 

If time remains in the six-month response period to the final Office action, applicant has the remainder of the response period to comply with and/or overcome any outstanding final requirement(s) and/or refusal(s) and/or to file an appeal with the Board.  TMEP §715.03(a)(2)(B), (c).  However, if applicant has already filed a timely notice of appeal with the Board, the Board will be notified to resume the appeal.  See TMEP §715.04(a).

 

 

/Brian Pino/

Examining Attorney

Law Office 114

571.272.9209 Telephone

571.273.9209 Facsimile

Brian.Pino2@uspto.gov

 

 

 

U.S. TRADEMARK APPLICATION NO. 85183667 - TRULICITY - 997425 - SU - Request for Reconsideration Denied - Return to TTAB

To: Eli Lilly and Company (mamastrovito@lawabel.com)
Subject: U.S. TRADEMARK APPLICATION NO. 85183667 - TRULICITY - 997425 - SU - Request for Reconsideration Denied - Return to TTAB
Sent: 11/5/2014 12:17:41 PM
Sent As: ECOM114@USPTO.GOV
Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 11/5/2014 FOR U.S. APPLICATION SERIAL NO. 85183667

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov,enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  TIMELY RESPONSE IS REQUIRED:  Please carefully review the Office action to determine (1) how to respond, and (2) the applicable response time period.  Your response deadline will be calculated from 11/5/2014 (or sooner if specified in the Office action).  For information regarding response time periods, see http://www.gov.uspto.report/trademarks/process/status/responsetime.jsp.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System (TEAS) response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.

 

(3)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For more information regarding abandonment, see http://www.gov.uspto.report/trademarks/basics/abandon.jsp.

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.

 

 


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