| To: | Atlas Manufacturing, Inc. (mburke@hallboothsmith.com) |
| Subject: | TRADEMARK APPLICATION NO. 87925572 - EDUCATOR - N/A |
| Sent: | 3/5/2020 11:41:40 AM |
| Sent As: | ECOMPET |
| Attachments: |
United States Patent and Trademark Office (USPTO)
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U.S. Application Serial No. 87925572
U.S. Registration No.
Mark: EDUCATOR
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Correspondence Address: T. MICHAEL BURKE, JR. HALL BOOTH SMITH, P.C. 1564 KING RD. TIFTON, GA 31793
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Owner: Atlas Manufacturing, Inc.
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Reference/Docket No. N/A
Correspondence Email Address: mburke@hallboothsmith.com |
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PETITION DECISION
Issue date: March 5, 2020
The petition to the Director of the United States Patent and Trademark Office (USPTO) regarding the above-identified application was received on November 15, 2019. See 37 C.F.R. §2.146(a). Your petition is dismissed as untimely.
A petition to revive an abandoned application, based upon unintentional delay in filing a response to an Office action, must be filed within two months of the mailing date of the notice of abandonment. 37 C.F.R. §2.66. In cases where the notice of abandonment was not received, a petition to revive must be filed within two months of actual knowledge of the abandonment but not later than six months after the date United States Patent and Trademark Office (USPTO) electronic records system indicates the application is abandoned. Id. (emphasis added). The time limits set forth in the rules are strictly enforced. TMEP §1705.05.
In this case, the USPTO issued the notice of abandonment on September 13, 2019. Petitioner filed this petition to revive the instant application on November 15, 2019, more than two months after this date. Petitioner’s counsel explains that he was in communication with the examining attorney, and he believed these discussions would result in “additional time to comply” with the March 1, 2019 Office action. (Petition). Although it is unfortunate that petitioner’s counsel misunderstood the response deadline, nothing in the facts identified constitutes extraordinary circumstances that would allow for a waiver of the timeliness provisions in Rule 2.66. 37 C.F.R. §2.66; see also 37 C.F.R. §2.146. For more information on what constitutes an extraordinary circumstance, please consult the Trademark Manual of Examining Procedure (TMEP) Section 1708.
Therefore, your petition is dismissed as untimely and the application remains abandoned. Any fees submitted with the petition will be refunded.
/Linda M. Estrada/
Attorney Advisor
Office of the Deputy Commissioner
for Trademark Examination Policy
linda.estrada@uspto.gov
571.272.9298