To: | Chiorino S.p.A. (nixonptomail@nixonvan.com) |
Subject: | U.S. Trademark Registration No. 4390310 - PT - 4196-0212 |
Sent: | 08/12/20 09:01:40 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. 4390310
Mark: PT
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Correspondence Address: |
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Owner: Chiorino S.p.A.
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Reference/Docket No. 4196-0212
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: August 12, 2020
Your response to the outstanding Office action regarding the Sections 8 & 15 Combined Affidavit was timely received on July 30, 2020. After consideration of the response and the facts of record, the refusal to accept the Section 8 Affidavit is maintained for the reason set forth below. The registration will be cancelled in its entirety in due course.
The Section 8 Affidavit cannot be accepted because the owner failed to submit an acceptable specimen showing trademark use of the registered mark.
If you disagree with this refusal to accept the Section 8 Affidavit, you may file a petition to the Director to review this decision. 37 C.F.R. §§2.146(a)(2), 2.165; TMEP §§1604.18 et seq. The petition must be filed within six months from the issue date of this letter and be accompanied by a fee of $100. 37 C.F.R. §§2.6, 2.146(c), 2.165(b). Any facts to be proven on petition must be in the form of an affidavit or declaration under 37 C.F.R. §2.20; and signed by someone with firsthand knowledge of the facts to be proved. 37 C.F.R. §2.146(c).
If you do not file a petition to the Director within six months from the issue date of this letter, the registration will be cancelled in due course. 37 C.F.R. §2.165(b). Because a petition is required for further review, a response to this letter will not be considered. However, if time remains in the statutory period for filing an affidavit, including the grace period, you may file a complete new affidavit, with a new fee. See 37 C.F.R. §2.163(c).
To file a petition to the Director, please use the “Petition to the Director” form located at - http://www.gov.uspto.report/trademarks-application-process/filing-online/petition-forms.
Direct questions about this Office action to the Post Registration staff member below.
/Dana L. Newton/
Trademark Specialist
Post Registration Division
571-272-9544
USPTO
RESPONSE GUIDANCE