Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

INTENT TO USE OFFICE ACTION

ISSUE/MAILING DATE: 7/30/2013

Serial Number   85147910

The request to divide the above-identified application filed on June 19, 2013 is incomplete and cannot be processed until $325 in fees are submitted.  Applicant has thirty (30) days from the issuance date of this letter to submit the required fees.  If the necessary fees are not submitted within the specified time period, the request to divide will not be processed.

In the present case, since applicant is dividing out 36 some, but not all, of the goods and/or services within a single class, a total of $325 in new application fees is required.  Applicant has already paid $200 in fees and must submit the difference in the amount of $325.

A request to divide an application is generally not considered a proper response to a trademark examining attorney’s Office action and does not relieve an applicant of the duty to respond to any outstanding Office action or to take any other required action.  37 C.F.R. §2.87(e); TMEP §1110.05.

Please call the undersigned with any questions.

/Diane T. Jones/

Diane T. Jones

Paralegal Specialist

ITU/Divisional Unit

Phone number 571-272-9504

Fax number 571-273-9504

TO RESPOND TO THIS LETTER:  Use the Trademark Electronic Application System (TEAS) Response to Intent-to-Use (ITU) Office action form at http://www.gov.uspto.report/teas/eTEASpageD.htm.  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 (1) an individual applicant; (2) someone with legal authority to bind applicant (i.e., a corporate officer, a general partner, all joint applicants); or (3) an authorized attorney, if one is appointed to represent applicant.  If an applicant is represented by an attorney, the attorney must sign the response.

TEAS PLUS APPLICATION:  To maintain the reduced fee status, TEAS Plus applicant must respond online via TEAS.  Otherwise, applicant is subject to an additional $50 fee for each class.  37 C.F.R. §§2.6(a)(1)(iv) and 2.23(a)(1)(i).

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.

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED ITU STAFF MEMBER IDENTIFIED ABOVE.