To: | Brainwave Research Corporation (ridbee@ridoutmaybee.com) |
Subject: | TRADEMARK APPLICATION NO. 88167514 - ALLSAFE - 51059-3025 |
Sent: | 2/17/2021 1:49:19 PM |
Sent As: | ECOMPET |
Attachments: |
United States Patent and Trademark Office (USPTO)
U.S. Application Serial No. 88167514
Mark: ALLSAFE
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Correspondence Address: Matthew Rowan Norwood RIDOUT & MAYBEE LLP 250 UNIVERSITY AVENUE, 5TH FLOOR TORONTO, ONTARIO M5H3E5 Canada
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Owner: Brainwave Research Corporation
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Reference/Docket No. 51059-3025
Correspondence Email Address: ridbee@ridoutmaybee.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. Respond using the Trademark Electronic System (TEAS). A link to the appropriate TEAS response form appears at the end of this letter.
Issue date: February 17, 2021
A petition to the Director of the United States Patent and Trademark Office (USPTO) for consideration of an amendment to the basis after publication was received on November 3, 2020. The USPTO is unable to process the petition because it does not include a clear statement concerning the Section 1(b) basis. See Trademark Manual of Examining Procedure (TMEP) §806.03(j)(ii).
The Director will not grant a petition to add Section 44(e) and retain the Section 1(b) basis after issuance of the notice of allowance (NOA) unless a statement of use (SOU) is filed with the petition. TMEP §806.03(j)(ii). However, if the examining attorney accepts the Section 44(e) filing basis, you can request that the Section 1(b) basis be deleted and no SOU will be required. You must clarify how you would like to proceed. If the amendment to add Section 44(e) and delete Section 1(b) is accepted, the application can be republished and forwarded to registration based solely on Section 44(e). See TMEP §806.03(j)(ii).
In this case, it is unclear from the petition whether you seek registration based on both Sections 1(b) and 44(e) and intend to file an SOU, or if you wish to delete the Section 1(b) basis upon acceptance of the Section 44(e) basis.
Please submit one of the following:
You are granted thirty days from the issue date of this letter to perfect the petition by submitting the requirements listed above. If the required item(s) are not received in this Office within the thirty-day period, the petition will be denied without consideration on the merits.
Filing a petition does not halt or forgive the time requirements for filing an SOU after issuance of the NOA. You must file an SOU or an extension request when due or the application will be abandoned. 15 U.S.C. §1051(d)(4); 37 C.F.R. §§2.65(c), 2.88(k), 2.89(g).
How to respond. Use the Response to Petition to Director Inquiry Letter at http://www.gov.uspto.report/trademarks-application-process/filing-online/petition-forms to file a response to this letter.
/Lisa Wallace/
Paralegal Specialist
Office of the Deputy Commissioner
for Trademark Examination Policy
lisa.wallace@uspto.gov
(571) 272-9582