Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

NOTICE OF DIVISIONAL REQUEST COMPLETED

ISSUE/MAILING DATE: 5/4/2015

U.S. Serial Number 85928809

The request to divide application serial no. 85928809 filed on April 14, 2015 has been processed as follows:

(1)  Parent (original) application serial no. 85928809 contains the following goods in class: 9 (Apparatus for recording or reproduction of images; audio recordings featuring learning activities for children, and games; downloadable ringtones and sound recordings featuring other sounds, all for wireless communications devices; audio and visual recordings featuring live-action entertainment, and games for children; computer game software and computer game programs; consumer electronics, namely, computer software featuring learning activities for children, computer chips, wrist and arm rests for use with computers, electrical and optical cables, electronic personal organizer, optical and magneto-optical disc players and recorders for audio, video and computer data, radios, television sets, telephones, videophones, head sets for cellular telephones, adapters for cellular telephones, batteries for cellular telephones; graduated rulers).  To avoid abandonment, applicant must continue to file requests for extension of time to file a statement of use (extension requests) or a statement of use within the six-month period after the issuance of the notice of allowance or before expiration of a previously granted extension period.  37 C.F.R. §§2.88(a), 2.89(a)-(b).

(2)  Child application serial no. 85928809 contains the following goods in class: 9 (Apparatus for transmission of sound; audio books in the nature of novels; audio recordings featuring music, stories, dramatic performances, non-dramatic performances; downloadable ringtones and sound recordings featuring music, all for wireless communications devices; audio and visual recordings featuring animated entertainment, music, stories; musical recordings; video game software; consumer electronics, namely, computer hardware and peripheral devices, mouse pads, calculators, personal digital assistants, camcorders, cameras, digital cameras, audio speakers, headphones, earphones, walkie-talkies, cell phone faceplates, cases for cellular telephones, eyeglasses, sunglasses, eyeglass and sunglass cases; binoculars; decorative magnets).  A statement of use filed on April 14, 2015 meets the minimum filing requirements and has been placed in the child application.  The statement of use will be routed to the examining attorney for examination and, if it does not meet all the statutory requirements, the examining attorney will notify the applicant.

37 C.F.R. §2.87; see TMEP §§1110 et seq. 

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

NO RESPONSE TO THIS NOTICE IS REQUIRED.

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 Status and Document Retrieval (TSDR) at http://tsdr.gov.uspto.report/. Please keep a copy of the complete status screen.  If TSDR 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/trademarks/teas/correspondence.jsp.

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