| To: | Stonyfield Farm, Inc. (ipadm@sheehan.com) |
| Subject: | TRADEMARK APPLICATION NO. 87459420 - BROWN COW - 08647-16701 |
| Sent: | 11/15/17 07:08:18 PM |
| Sent As: | ecomitu@uspto.gov |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
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U.S. APPLICATION SERIAL NO. 87459420
APPLICANT: Stonyfield Farm, Inc.
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CORRESPONDENT’S ADDRESS: |
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MARK: BROWN COW
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CORRESPONDENT’S REFERENCE/DOCKET NO. 08647-16701
CORRESPONDENT’S EMAIL ADDRESS: |
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ISSUE/MAILING DATE: 11/15/2017
U.S. Serial Number 87459420
The request to divide application serial no. 87459420 filed on November 8, 2017, is untimely and will not be processed. See 37 C.F.R. §2.87(c). Any fees submitted with the request will be refunded in due course.
A request to divide filed on or after the date an application has been approved for publication and before the date of issuance of the notice of allowance is considered untimely. See 37 C.F.R. §2.87(c)(1); TMEP §1110.03. In the present case, the application was approved for publication on October 9, 2017, and the notice of allowance has not yet issued.
Applicant may resubmit the request to divide the application with a statement of use (and a request for extension of time to file a statement of use (extension request), as appropriate) after the notice of allowance has issued. The fee for the request to divide (and fees for the statement of use and/or any extension requests submitted with the request to divide) must also be resubmitted at that time.
Please call the undersigned with any questions.
/Lynette Patterson/
Paralegal Specialist
Office of Trademark Services
ITU/Divisional Unit
Phone - (571) 272-9507
lynette.patterson@uspto.gov
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.