| To: | Vickenna, Inc. (uspto@faysharpe.com) |
| Subject: | TRADEMARK APPLICATION NO. 86246662 - YES - VICK 500002U |
| Sent: | 5/20/2014 11:01:52 AM |
| Sent As: | EComPET |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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U. S. APPLICATION SERIAL NUMBER: 86/246662
U. S. REGISTRATION NUMBER:
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*86246662* |
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CORRESPONDENCE ADDRESS:
ROBERT A. JEFFERIS FAY SHARPE LLP 1228 EUCLID AVE FL 5 CLEVELAND, OH 44115-1834
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RETURN ADDRESS:
Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: YES
APPLICANT/REGISTRANT: Vickenna, Inc.
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ISSUE/MAILING DATE: May 15, 2014 |
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CORRESPONDENT’S REFERENCE/DOCKET NO: VICK 500002U
CORRESPONDENT’S EMAIL ADDRESS: uspto@faysharpe.com
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PETITION TO DIRECTOR DENIED
On April 22, 2014, a request to restore the original filing date was filed for the above-identified application. The records of the Office show that the application was initially assigned a filing date of January 27, 2014 and serialized as application Serial No. 861759799. Subsequently, the filing date and serial number were cancelled and the papers were returned to you with a Notice of Incomplete Trademark application.
Based upon a review of the documents submitted, applicant has not established that it is entitled to the earlier filing date because Serial No 86175799 did not include a listing of recognizable goods and/or services in connection with which the mark will be used. Although the goods or services that are certified may be identified less specifically in a certification mark application than in an application for a trademark or service mark, it is necessary to indicate general kinds of goods and services, such as food, agricultural commodities, electrical products, textile materials, printed material, or insurance agency services, machinery repair, restaurant services. The identification of goods/services in Serial No. 86175799 included only the terms “goods” and “services” and did not provide any indication of the kind of goods or services.
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Therefore, the filing date remains April 9, 2014, the date the requirements for an application under §1 or §44 of the Trademark Act were met. You may file a petition to the Director, pursuant to 37 C.F.R. §2.146, within two months from the mailing date of this notice if you wish to pursue this matter further. The petition should include the $100 petition fee, a written statement explaining why the earlier filing date should be granted, any evidence to support the written statement, and a declaration pursuant to 37 CFR §2.20. See 37 C.F.R. §2.146. However, based on the information stated above, it is unlikely your petition would be granted.
Sincerely,
/Deborah D. Mays/
Deborah D. Mays
Paralegal Specialist
Office of the Deputy Commissioner
for Trademark Examination Policy
(O) 571 272-9575
For general and other useful information about trademarks, you are encouraged to visit the USPTO web site at http://www.gov.uspto.report/main/trademarks.htm.