Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

NOTICE OF INCOMPLETE EXTENSION REQUEST

STRICT DEADLINE TO RESPOND TO THIS LETTER

TO AVOID THE DENIAL OF YOUR REQUEST FOR EXTENSION OF TIME TO SUBMIT A STATEMENT OF USE, WE MUST RECEIVE A PROPER RESPONSE TO THIS NOTICE WITHIN THIRTY (30) DAYS OF THE ISSUE/MAILING DATE.

ISSUE/MAILING DATE: 8/7/2017

U.S. Serial Number  86537604

The request for extension of time to file a statement of use (extension request) filed on July 12, 2017 meets the minimum filing requirements and is provisionally accepted.  However, to avoid abandonment of the application, a response satisfying the deficiencies below must be received in the United States Patent and Trademark Office (USPTO) within thirty (30) days from the issuance date of this letter, or before expiration of the current extension period, whichever is longer.

EXTENSION REQUEST IS DEFICIENT AS FOLLOWS:

·        Owner’s name

TYPOGRAPHICAL ERROR IN NAME OF APPLICANT MUST BE CORRECTED:  The owner of the mark shown in Office records is “Ballanca, Regtim;” however, the party who filed the request for extension of time to file a statement of use (extension request) is identified as “Ballanca, Rejtim.”  The difference in the names appears to be a typographical error which can be corrected by amendment.  See TMEP §1201.02(c).  Accordingly, applicant must correct the typographical error in the applicant’s name as set out in the extension request.  Id.  Applicant must submit a response to this Office action that explains the typographical error.

Applicant is strongly encouraged to review Section 1201.02(c) of the Trademark Manual of Examining Procedure (TMEP) to confirm that the error is correctable and notify the undersigned accordingly.  The TMEP is available online at the USPTO website at http://tess2.gov.uspto.report/tmdb/tmep/.

An extension request cannot be amended to designate a party who was not the owner of the applied-for mark as of the filing date of the extension request.  See 37 C.F.R. §2.71(d); TMEP §803.06.  An extension request filed in the name of a party who is not the owner is void and cannot be corrected by amendment.  See Huang v. Tzu Wei Chen Food Co. Ltd., 849 F.2d 1458, 7 USPQ2d 1335 (Fed. Cir. 1988); Great Seats, Ltd. v. Great Seats, Inc., 84 USPQ2d 1235, (TTAB 2007).  Although the party filing the extension request must be the owner of the mark at the time of filing, evidence to establish ownership can be provided after expiration of the deadline for filing the extension request.  See 37 C.F.R. §§2.89(a)(3), (b)(3), 3.71, 3.73; TMEP §1108.02(a). 

How to respond to this Office action:

Online:  Applicant is encouraged to use the Trademark Electronic Application System (TEAS) to respond, located at http://teasg.gov.uspto.report/gf/spring/nonteas?type=preSelected&id=ISC0ROAI.  Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application.  Do not respond by e-mail; USPTO does not accept e-mail responses.  For technical assistance with the online form, e-mail TEAS@uspto.gov.

TEAS Plus/TEAS RF Application:  To maintain the reduced fee status, TEAS Plus/TEAS RF applicant must respond online via TEAS.  Otherwise, applicant is subject to an additional $125 fee for each class.  37 C.F.R. §§2.6(a)(1)(v) 2.22(c), 2.23(c); TMEP §§819.04, 820.04.

Check the Status of the Application:  To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application any time using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/.

FOR INQUIRIES OR QUESTIONS, PLEASE CONTACT THE ASSIGNED ITU STAFF MEMBER.

There is time remaining in the statutory time period for filing a statement of use.  Applicant must respond to the outstanding issues raised in the Office action within the specified time period to avoid abandonment of the application. 

Please call the undersigned with any questions.

Lori Cornish

/Lori Cornish/

Phone 571 272-9341

Fax 571 273-9341

Lori.Cornish@uspto.gov

TO RESPOND TO THIS LETTER:  Use the Trademark Electronic Application System (TEAS) Response to Intent-to-Use (ITU)/Divisional Unit Office action form number 8 at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.  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. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.  All informal e-mail communications relevant to this application will be placed in the official application record.

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 OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE:  Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application.  See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820.  TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services.  37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04.  However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.  

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.