Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

NOTICE THAT REQUEST FOR EXTENSION OF TIME

TO FILE A STATEMENT OF USE (EXTENSION REQUEST)

IS INCOMPLETE

Response Required

The USPTO must receive applicant’s response to this notice within 30 days of the issue date below or the Extension Request will be denied, and the application may be abandoned.  Respond using the Trademark Electronic Application System (TEAS).  A link to the appropriate TEAS response form appears below.

Issue date:  January 4, 2021

The request for extension of time to file a statement of use (extension request) filed on December 1, 2020 meets the minimum filing requirements and is provisionally accepted.  However, to avoid abandonment of the application, a response satisfying the deficiencies below must be received in the United States Patent and Trademark Office (USPTO) within thirty (30) days from the issuance date of this letter, or before expiration of the current extension period, whichever is longer.

EXTENSION REQUEST IS DEFICIENT AS FOLLOWS:

• Good cause

GOOD CAUSE STATEMENT UNACCEPTABLE:  The submitted extension request does not specify the actions taken by applicant to make use of the mark in commerce.  Merely asserting that applicant is engaged in ongoing efforts is not sufficient; the efforts must be specified.  In re Comdial Corp., 32 USPQ2d 1863 (Comm’r Pats. 1993).  The explanation as to applicant’s ongoing efforts to use the mark in commerce must be verified in an affidavit or a declaration under 37 C.F.R. §2.20, and personally signed by applicant or a person authorized to sign on behalf of applicant.  15 U.S.C. §1051(d)(2); 37 C.F.R. §2.89(b)(4); TMEP §1108.02(f)-(h); see 37 C.F.R. §2.193(e)(1).

Examples of good cause include the following:  product or service research or development; market research; manufacturing activities; promotional activities; steps to acquire distributors; steps to obtain required government approval; training regarding standards (only for collective or certification marks); steps to acquire authorized users (only for certification marks); steps to acquire members (only for collective marks); development of standards (only for collective or certification marks); or other similar specified activities.

EXAMPLE OF VERIFIED GOOD CAUSE STATEMENT:  The following statement and declaration under 37 C.F.R. §2.20 can be used to satisfy the requirement for a verified statement of applicant’s ongoing efforts to use the mark if properly completed and personally signed and dated by applicant or a person authorized to sign on behalf of applicant under 37 C.F.R. §2.193(e)(1):

Applicant has made ongoing efforts to use the mark in commerce by engaging in the following activities (check those that apply below):

___  product or service research or development;

___  market research;

___  manufacturing activities;

___  promotional activities;

___  steps to acquire distributors;

___  steps to obtain required government approval;

___  training regarding standards (only for collective or certification marks);

___  steps to acquire authorized users (only for certification marks);

___  steps to acquire members (only for collective marks);

___  development of standards (only for collective or certification marks); or

___  other similar specified activities.

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.  The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any resulting registration, declares that all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.

______________________________

Signature

______________________________

Print/Type Name and Position

______________________________

Date

Applicant must respond to the outstanding issues raised in this Office action within the specified time period to avoid abandonment of the application. 

Please call the undersigned with any questions. 

.

How to respond.  Click to file a Response to Intent-to-Use (ITU)/Divisional Unit Office action. 

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

Cornish, Lori

/Lori Cornish/

ITU/Divisional Unit

Lori.Cornish@uspto.gov

571 272-9341

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the Extension Request to be denied, and the application may be abandoned.  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

• Responses signed by an unauthorized party are not accepted or processed and can cause the Extension Request to be denied, and the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.