Commissioner for Trademarks

P. O. Box 1451

Alexandria, VA 22313-1451

MARK: VOODOO

December 18, 2013

CORRESPONDENT’S REFERENCE/DOCKET NO: N/A

CORRESPONDENT EMAIL ADDRESS:

mbh@mx2g.com

Please provide in all correspondence:

1. Filing date, serial number, mark and

applicant's name.

2. Date of this Office Action.

3. Your telephone number and e-mail address.

NOTICE OF INCOMPLETE TRADEMARK APPLICATION

Serial Number 86/132258

The above-referenced trademark application is being returned to you because it does not meet the minimum requirements for receiving a filing date for the reason(s) stated below.

Under 37 C.F.R. §2.21(a), the USPTO will grant a filing date to an application under §1 or §44 of the Trademark Act that is in English and contains all of the following:

(1) the name of the applicant;

(2) a name and address for correspondence;

(3) a clear drawing of the mark;

(4) a listing of the goods or services; and

(5) the filing fee for at least one class of goods or services.

In this case, the Office did not receive the required filing fee because the electronic funds transfer submitted to cover the application filing fees was returned to the Office unpaid.

Pursuant to 37 C.F.R. §2.6, the current application filing fees are as follows:

· $375 per class for applications filed on paper

· $325 per class for applications filed electronically through TEAS

· $275 per class for TEAS Plus applications filed electronically through TEAS

The serial number assigned to this application has been cancelled. You may file a new application containing the required elements. The United States Patent and Trademark Office recommends that new applications be filed using the Trademark Electronic Application System (TEAS), available over the Internet at http://www.uspto.gov.

There is a $50 fee for processing any payment refused (including a check returned unpaid) or charged back by a financial institution. 37 C.F.R. §2.6(b)(12). See TMEP §405.06. However, this is not a filing date requirement. If an applicant resubmits the filing fee without paying the processing fee, the USPTO will give the application a filing date as of the date of resubmission, and the examining attorney will require submission of the processing fee during examination. TMEP §202.03(a)(i).

Because of the legal technicalities and strict deadlines involved in the USPTO application process, applicant may wish to hire a private attorney specializing in trademark matters to represent applicant in this process and provide legal advice. Although a USPTO trademark examining attorney is permitted to help an applicant understand the contents of an Office action as well as the application process in general, no USPTO attorney or staff is permitted to give an applicant legal advice or statements about an applicant’s legal rights. TMEP §§705.02, 709.06.

For attorney referral information, applicant may consult the American Bar Association’s Consumers’ Guide to Legal Help at http://www.abanet.org/legalservices/findlegalhelp/home.cfm, an attorney referral service of a state or local bar association, or a local telephone directory. The USPTO may not assist an applicant in the selection of a private attorney. 37 C.F.R. §2.11.

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA 22313-1415

Instructions for applications returned in error: If you believe this application was returned in error, you may file a request to restore the filing date. First, you should re-file your application, including the required application filing fee. The Office recommends using the Trademark Electronic Application System (TEAS) located at http://www.uspto.gov/teas/index.html.

After you re-file the application and receive a new serial number, fax your request to restore the original filing date to the Petitions Office at 571-273-8950. This request should state the reasons why you believe the filing date was denied in error and must include (1) the new serial number and (2) a copy of this Notice of Incomplete Trademark Application. Although applicants have two (2) months from the mailing date of this notice to file a request to restore the original filing date, the request should be filed immediately upon receipt of the new serial number to ensure that it will be processed in a timely manner.

If you have any questions, please call the Trademark Assistance Center (TAC) at 1-800-786-9199, or send an email to TrademarkAssistanceCenter@uspto.gov. Please visit the USPTO website at http://www.uspto.gov for a list of trademark services available electronically.