United States Patent and Trademark Office (USPTO)
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U.S. Application Serial No. 85417367
U.S. Registration No. 4365305
Mark: MILEX
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Correspondence Address: Sang Eun Lee Bell Nunnally & Martin LLP 2323 Ross Avenue, Suite 1900 DALLAS, TX 75201
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Owner: Mitsui Chemicals, Inc.
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Reference/Docket No. N/A
Correspondence Email Address:
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PETITION TO DIRECTOR GRANTED
Issue date: August 20, 2019
Mitsui Chemicals, Inc. (petitioner) petitioned the Director of the United States Patent and Trademark Office (USPTO) to issue a duplicate certificate of registration regarding the above-identified registration. The Director has the authority to review petitioner’s request. See 37 C.F.R. §2.146(a)(3). The petition is granted.
FACTS
Office records show the USPTO issued a corrected certificate of registration for the above-identified mark on February 19, 2019. Petitioner filed a petition on May 2, 2019 to request the USPTO issue a duplicate certificate of registration because the corrected certificate was never received. Petitioner submitted a $100 fee with the petition, but has requested that the fee be refunded.[1]
DISCUSSION
The Director will exercise supervisory authority to grant a petition for a duplicate registration certificate if (1) the registration issued on or after September 15, 2009, (2) petitioner established good cause and (3) petitioner paid the required petition fee. See 37 C.F.R. §2.146(a)(3); Trademark Manual of Examining Procedure (TMEP) §1601.01(b).
In this case, the Director will invoke supervisory authority to instruct the Post Registration Division to issue a duplicate registration certificate. Petitioner has requested a duplicate because the corrected certificate was never received and has paid the required petition fee.
DECISION
The petition is granted. The Post Registration Division will send a duplicate registration certificate in due course.
/Allison P. Schrody/
Attorney Advisor
Office of the Deputy Commissioner
for Trademark Examination Policy
allison.schrody@uspto.gov
571.272.5893
[1] A petition fee will be waived only in an extraordinary situation, when justice requires and no third party will be harmed (see TMEP §1708), or if the record clearly shows that the petition was the result of a USPTO error. Id. While petitioner declares that it did not receive the corrected registration certificate, USPTO records indicate that it was sent to petitioner’s correct mailing address of record (Bell Nunnally & Martin LLP, 2323 Ross Avenue, Suite 1900, Dallas, TX 75201). USPTO records do not indicate that the certificate was returned as undeliverable. In light of this, petitioner has not presented evidence that supports waiving the Trademark Rule which requires a petition fee.