| To: | Hachette Filipacchi Presse (mail@ipcounselors.com) |
| Subject: | TRADEMARK APPLICATION NO. 87739201 - ELLE - N/A |
| Sent: | 2/3/2022 10:19:01 AM |
| Sent As: | ECOMPET |
| Attachments: |
United States Patent and Trademark Office (USPTO)
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U.S. Application Serial No. 87739201
U.S. Registration No.
Mark: ELLE
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Correspondence Address: William C. Wright Epstein Drangel LLP 60 East 42nd Street, Suite 2520 New York NY 10165
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Owner: Hachette Filipacchi Presse
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Reference/Docket No. N/A
Correspondence Email Address: mail@ipcounselors.com |
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PETITION TO DIRECTOR INQUIRY LETTER
The USPTO must receive petitioner’s response to this letter within 30 days of the issue date below.
Issue date: February 3, 2022
The United States Patent and Trademark Office (USPTO) received a petition to the Director on January 14, 2022, for consideration of an amendment to the basis of the above-identified application from Trademark Act Section 1(b) to Section 44(e).
ADDITIONAL ACTION REQUIRED
The foreign registration only covers International Classes 3 and the goods tweezers; eyelash curlers; nail files and clippers; nail scissors and cuticle trimmer in class 8; goods belts, ties as clothing, headwear, namely, caps, gloves; tights, stockings. Turtlenecks; clothing for new born babies, namely, tee-shirts, sweaters, pants, dresses, leggings, cardigans, blouses in class 25.
The Director will not grant a petition to amend the basis after the notice of allowance (NOA) issues if the foreign registration does not cover all of the goods and/or services, unless the applicant concurrently files a request to divide the goods and/or services not covered by the foreign registration. Trademark Manual of Examining Procedure (TMEP) §806.03(j)(ii). See 37 C.F.R. Section 2.87 and TMEP Sections 1110.01–1110.12 regarding requests to divide.
30 DAYS TO RESPOND
You are granted thirty days from the issue date of this inquiry letter to submit a request to divide or an amendment to delete the goods and/or services not covered by the foreign registration. The USPTO is unable to republish an application, as required by Trademark Rule 2.35, if a NOA has issued and remains in force. 37 C.F.R. §2.35. If you do not submit a response within the thirty-day period, the petition will be denied without consideration on the merits. See TMEP §§1705.02, 1705.03. You will not have met the requirements for filing a petition. Id.
How to respond. Use the Response to Petition to Director Inquiry Letter Form #12 at http://www.gov.uspto.report/trademarks/apply/petition-forms to file a response to this letter.
Please contact the undersigned with any questions regarding this inquiry letter.
/Jolie Washington/
Paralegal Specialist
Office of the Deputy Commissioner
for Trademark Examination Policy
jolie.washington@uspto.gov
571-272-9583