United States Patent and Trademark Office (USPTO)

 

U.S. Application Serial No. 88063891   Mark:  AVEN
Correspondence Address:         Devasena Reddy        1570 Heritage Bay Drive        San Jose CA 95138
Applicant:  Shenzhen Mijia Investment Co.,Ltd.
Reference/Docket No. 60-789-TUS   Correspondence Email Address:         dr@kafiling.com

 

 

PETITION TO REVIVE DEFICIENCY LETTER

Response Required

 

 

The USPTO must receive petitioner’s response to this letter within 30 days of the issue date below or the petition will be denied without consideration on the merits, and the application will remain abandoned.  TMEP §1714.01.  Respond using the Trademark Electronic Application System (TEAS).  A link to the appropriate TEAS response form appears at the end of this letter.  

 

 

Issue date:  November 12, 2020

 

The petition to revive the identified trademark application above is incomplete because it does not comply with the minimum filing requirements for a petition.  See 37 C.F.R. §2.66(b)-(c); TMEP §1714.01(a)(i)-(c), (e).

 

Application Serial No. 88/063891 abandoned for failure to respond to the final Office action dated February 7, 2020.  With your petition, you enclosed a request for reconsideration.  However, you indicated that you were filing a notice of appeal but it does not appear in United States Patent and Trademark Office (USPTO) records.

 

Under Trademark Rule 2.66, you must either file a notice of appeal or indicate that you are electing not to appeal when filing a request for reconsideration.  37 C.F.R. §§2.66(b)(3)(i)-(ii); Trademark Manual of Examining Procedure (TMEP) §1714(a)(ii).  You may proceed with the petition without filing a notice of appeal to the Trademark Trial and Appeal Board (TTAB). However, if you do not file a notice of appeal and the assigned examining attorney determines that the request for reconsideration does not overcome any/all substantive refusals and satisfy any/all outstanding requirements, your application may be abandoned for incomplete response and no additional time to appeal will be permitted. TMEP §715.03(a)(ii)(D).

 

Therefore, you must submit either:

 

(1)   File a notice of appeal filed with TTAB (including the appeal fee) and a response to this notice of deficiency with a statement advising the undersigned that the notice of appeal has been filed. (The notice of appeal must be filed using the Electronic System for Trademark Trials and Appeals (ESTTA) at https://estta.uspto.gov/filing-type.jsp.  Select the “File a New Proceeding” option); or

 

(2)   Submit a response to this notice of deficiency with a statement advising the undersigned that you are not filing a notice of appeal and want to proceed with the request for reconsideration only. 

 

Please be advised that your request for reconsideration has not been reviewed on the merits.

 

How to respond.  Use the Response to Petition to Revive Deficiency Letter at https://www.uspto.gov/trademarks-application-process/filing-online/petition-forms #11 to file a response to this letter.

 

 

/Jolie Washington/

Paralegal Specialist

Office of the Deputy Commissioner

for Trademark Examination Policy

jolie.washington@uspto.gov

571-272-9583