To: | 1535674 Alberta, Inc. (klewertoff@ferdinandip.com) |
Subject: | U.S. Trademark Application Serial No. 87551203 - PERFORMA - PS008UST |
Sent: | August 18, 2020 05:50:26 AM |
Sent As: | ecom116@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 87551203
Mark: PERFORMA
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Correspondence Address: |
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Applicant: 1535674 Alberta, Inc.
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Reference/Docket No. PS008UST
Correspondence Email Address: |
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EXAMINER’S AMENDMENT
Issue date: August 18, 2020
PARTIAL ABANDONMENT – APPLICATION HAS BEEN AMENDED
The above-referenced application is partially abandoned because applicant failed to file a response to the final Office action dated February 5, 2020. See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a). To avoid partial abandonment, a response or notice of appeal was due within six months from the date on which the USPTO sent the previous Office action; however, no response or notice of appeal was received within this time period. See TMEP §715.01.
The final Office action included refusal(s) and/or requirement(s) that applied to only a portion of the application; therefore, only that portion of the application is abandoned. See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a)(1); TMEP §718.02(a).
The portion of the identification that was the subject of the refusal(s) and/or requirement(s) will be deleted from the application. The application will proceed with the following identification:
International Class 18
Duffel bags; Tote bags; Wheeled bags; Athletic bags; Gym bags; drawstring bags; sport bags; Waist pouches, wearable strap on pouches, waist packs and fanny packs.
International Class 21
Water bottle and sports bottle belts for fitness activities; Plastic water bottle holders and attached carabiner clip sold as a unit.
International Class 28
Weightlifting and fitness accessories, namely, lifting straps, weight belts, fitness bands, gloves, knee pads, foam mats, and foam exercise rollers not for medical use.
If applicant’s failure to respond was unintentional, applicant may file a petition to revive the portion of the application that abandoned. TMEP §§718.02(a), 1714.01(d). The petition must be filed within two months of the issue date of this letter using the Trademark Electronic Application System (TEAS) Petition to the Director form with the required fee. See 37 C.F.R. §§2.23(a), 2.66(a); TMEP §§718.02(a), 1714.01(a), (d). Once the petition is filed, notify the Petitions Office at 571-272-8950 that a petition to revive a partially-abandoned application was filed, specifying the application serial number.
/John Dwyer/
Examining Attorney
Law Office 116
571-272-9155
John.Dwyer1@uspto.gov