Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

OFFICE ACTION

Issue date:  November 16, 2019 

The document filed on October 3, 2019, does not meet the minimum filing requirements for a request for extension of time to file a statement of use (extension request) and therefore, cannot be accepted.   Since the time period for filing an extension request has expired, the above-identified APPLICATION IS ABANDONED.  15 U.S.C. §1051(d); 37 C.F.R. §§2.88-2.89; TMEP §1109.04.

DOCUMENT FILED IS DEFICIENT AS EXTENSION REQUEST AS FOLLOWS:

MINIMUM FILING REQUIREMENTS FOR EXTENSION REQUESTS:  In addition to the requirement to timely file the extension request within six months of the issuance date of the notice of allowance or within a previously granted extension of time, the minimum filing requirements for extension requests are as follows:  (1) a written request; (2) the prescribed fee for one class of goods and/or services and/or collective membership organization; and (3) a statement that “applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods/services in the notice of allowance or as subsequently modified,” or “applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with all the goods/services/collective membership organization under Section 1(b) in the notice of allowance or as subsequently modified,” (or if goods and/or services and/or collective membership organization are to be deleted from the application, specifying the goods and/or services and/or nature of collective membership organization that applicant still has an intention to use the mark on), verified in an affidavit or declaration under 37 C.F.R. §2.20, and personally signed by applicant or a person authorized by applicant.  15 U.S.C. §1051(d); 37 C.F.R. §2.89; TMEP §§1108.02 et seq.; see 37 C.F.R. §2.193(e)(1).

OTHER REQUIREMENTS:  In addition to the minimum filing requirements, an extension request must be filed by the owner of the mark and the fees for all classes specified in the notice of allowance must be submitted.  For second and subsequent extension requests, a verified showing of good cause is required that specifies applicant’s ongoing efforts to make use of the mark in commerce (e.g., product/service research and development, steps to obtain government approval, etc.).  Id. 

APPLICANT’S OPTIONS:  Applicant has the option to (1) file a petition to revive this application under 37 C.F.R. §2.66 before expiration of the two month period after the issuance date of the notice of abandonment (the notice of abandonment will issue shortly after this Office action) or (2) file a new application.  Please view the online information sheet at http://www.gov.uspto.report/teas/petinfo.htm for information about petitions to revive.  Applicant is encouraged to file a petition to revive online using the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html. 

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.  

Direct questions about this notice to the Intent-to-use staff member below.

/Lynette Patterson/

Lynette Patterson

Paralegal Specialist

ITU/Divisional Unit

(571) 272-9507

lynette.patterson@uspto.gov