PTO Form No Form Number (Rev 01/2012) |
| OMB No. 0651-0054 (Exp 12/31/2020) |
Response to Intent-to-Use/Divisional (ITU/Divisional) Unit Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
88279397 |
| MARK SECTION |
| MARK FILE NAME |
|
| LITERAL ELEMENT |
NCC |
| FORM TEXT |
| Applicant is in receipt of the NOTICE THAT REQUEST FOR EXTENSION OF TIME TO FILE A STATEMENT OF USE (EXTENSION
REQUEST) IS INCOMPLETE, issued September 11, 2020, with respect to the Statement of Use filed for the instant application for the NCC trademark.
As grounds for the Office Action, the Paralegal Specialist found that the insurance extension filed has failed to contain the requisite good cause statement for an
Extension. Specifically, Applicant's citation to the provisions of TMEP 1108.03 "Insurance Extension" are deemed to not provide the specific good cause grounds
required.
To supplement and amend the filing, Applicant now includes the specific statement as set forth in TMEP 1108.03 (rather than the shorthand reference originally provided), by
asserting that "Applicant believes that valid use of the mark in commerce has been made, as evidenced by the statement of use, but that if the statement of use is found to
be fatally defective, the applicant will need additional time to correct defects or file a substitute statement of use". 37 C.F.R. Sec. 2.89(e)(2); TMEP Sec. 1108.02(f). As set forth in the
TMEP, asserting such statement shall satisfy the requirements of the USPTO.
Finally, to the extent this Supplement shall require a sworn statement by a representative of the Applicant, Applicant maintains that it
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.
|
| Owner Information (Current) |
| NAME |
WHG Properties, LLC |
| MAILING ADDRESS |
800 North Wales Road |
| CITY |
North Wales |
| STATE |
Pennsylvania |
| COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
| ZIP/POSTAL CODE |
19454 |
| EMAIL |
XXXX |
| Owner Information (Proposed) |
| NAME |
WHG Properties, LLC |
| MAILING ADDRESS |
800 North Wales Road |
| CITY |
North Wales |
| STATE |
Pennsylvania |
| COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
| ZIP/POSTAL CODE |
19454 |
| EMAIL |
XXXX |
| ATTORNEY INFORMATION (current) |
| NAME |
Christopher D. Olszyk, Jr. |
| ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
| YEAR OF ADMISSION |
XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
| FIRM NAME |
FOX ROTHSCHILD LLP |
| STREET |
997 LENOX DRIVE, BLDG. 3 |
| CITY |
LAWRENCEVILLE |
| STATE |
New Jersey |
| POSTAL CODE |
08648-2311 |
| COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
| PHONE |
215-299-2081 |
| FAX |
609.896.1469 |
| EMAIL |
ipdocket@foxrothschild.com |
| DOCKET/REFERENCE NUMBER |
179046 |
| ATTORNEY INFORMATION (proposed) |
| NAME |
Christopher D. Olszyk, Jr. |
| ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
| YEAR OF ADMISSION |
XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
| FIRM NAME |
FOX ROTHSCHILD LLP |
| STREET |
997 LENOX DRIVE, BLDG. 3 |
| CITY |
LAWRENCEVILLE |
| STATE |
New Jersey |
| POSTAL CODE |
08648-2311 |
| COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
| PHONE |
215-299-2081 |
| FAX |
609.896.1469 |
| EMAIL |
ipdocket@foxrothschild.com |
| DOCKET/REFERENCE NUMBER |
179046 |
| CORRESPONDENCE INFORMATION (current) |
| NAME |
Christopher D. Olszyk, Jr. |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
ipdocket@foxrothschild.com |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
colszyk@foxrothschild.com |
| DOCKET/REFERENCE NUMBER |
179046 |
| CORRESPONDENCE INFORMATION (proposed) |
| NAME |
Christopher D. Olszyk, Jr. |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
ipdocket@foxrothschild.com |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
colszyk@foxrothschild.com |
| DOCKET/REFERENCE NUMBER |
179046 |
| SIGNATURE SECTION |
| DECLARATION SIGNATURE |
/CDO/ |
| SIGNATORY'S NAME |
Christopher D. Olszyk, Jr. |
| SIGNATORY'S POSITION |
Attorney of Record, PA Bar Member |
| SIGNATORY'S PHONE NUMBER |
2152992081 |
| DATE SIGNED |
10/05/2020 |
| SUBMISSION SIGNATURE |
/CDO/ |
| SIGNATORY'S NAME |
Christopher D. Olszyk, Jr. |
| SIGNATORY'S POSITION |
Attorney of Record, PA Bar Member |
| SIGNATORY'S PHONE NUMBER |
2152992081 |
| DATE SIGNED |
10/05/2020 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Mon Oct 05 11:59:39 ET 2020 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XXX-
20201005115939268901-8827
9397-20201005113956818465
-N/A-N/A-2020100511395681
8465 |
PTO Form No Form Number (Rev 01/2012) |
| OMB No. 0651-0054 (Exp 12/31/2020) |
Response to Intent-to-Use/Divisional (ITU/Divisional) Unit Office Action
To the Commissioner for Trademarks:
The following is submitted for application serial number:
88279397
FORM TEXT:
Applicant is in receipt of the
NOTICE THAT REQUEST FOR EXTENSION OF TIME TO FILE A STATEMENT OF USE (EXTENSION
REQUEST) IS INCOMPLETE, issued September 11, 2020, with respect to the Statement of Use filed for the instant application for the NCC trademark.
As grounds for the Office Action, the Paralegal Specialist found that the insurance extension filed has failed to contain the requisite good cause statement for an
Extension. Specifically, Applicant's citation to the provisions of TMEP 1108.03 "Insurance Extension" are deemed to not provide the specific good cause grounds
required.
To supplement and amend the filing, Applicant now includes the specific statement as set forth in TMEP 1108.03 (rather than the shorthand reference originally provided), by
asserting that "Applicant believes that valid use of the mark in commerce has been made, as evidenced by the statement of use, but that if the statement of use is found to
be fatally defective, the applicant will need additional time to correct defects or file a substitute statement of use". 37 C.F.R. Sec. 2.89(e)(2); TMEP Sec. 1108.02(f). As set forth in the
TMEP, asserting such statement shall satisfy the requirements of the USPTO.
Finally, to the extent this Supplement shall require a sworn statement by a representative of the Applicant, Applicant maintains that it
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.
The owner proposes to amend the following:
Current: WHG Properties, LLC, having an address of
800 North Wales Road
North Wales, Pennsylvania 19454
United States
Email Address: XXXX
Proposed: WHG Properties, LLC, having an address of
800 North Wales Road
North Wales, Pennsylvania 19454
United States
Email Address: XXXX
The owner's/holder's current attorney information: Christopher D. Olszyk, Jr.. Christopher D. Olszyk, Jr. of FOX ROTHSCHILD LLP, is a member of the XX bar, admitted to the bar in XXXX, bar
membership no. XXX, is located at
997 LENOX DRIVE, BLDG. 3
LAWRENCEVILLE, New Jersey 08648-2311
United States
The docket/reference number is 179046.
The phone number is 215-299-2081.
The fax number is 609.896.1469.
The email address is ipdocket@foxrothschild.com
The owner's/holder's proposed attorney information: Christopher D. Olszyk, Jr.. Christopher D. Olszyk, Jr. of FOX ROTHSCHILD LLP, is a member of the XX bar, admitted to the bar in XXXX, bar
membership no. XXX, is located at
997 LENOX DRIVE, BLDG. 3
LAWRENCEVILLE, New Jersey 08648-2311
United States
The docket/reference number is 179046.
The phone number is 215-299-2081.
The fax number is 609.896.1469.
The email address is ipdocket@foxrothschild.com
Correspondence Information (current):
Christopher D. Olszyk, Jr.
PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@foxrothschild.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): colszyk@foxrothschild.com
The docket/reference number is 179046.
Correspondence Information (proposed):
Christopher D. Olszyk, Jr.
PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@foxrothschild.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): colszyk@foxrothschild.com
The docket/reference number is 179046.
Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed,
and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).
SIGNATURE(S)
Declaration Signature
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, submission, or any registration resulting therefrom, declares that the facts set forth above are true; all statements made of his/her own knowledge are
true; and all statements made on information and belief are believed to be true.
Signature: /CDO/ Date: 10/05/2020
Signatory's Name: Christopher D. Olszyk, Jr.
Signatory's Position: Attorney of Record, PA Bar Member
Signatory's Phone Number: 2152992081
Submission Signature
Signature: /CDO/ Date: 10/05/2020
Signatory's Name: Christopher D. Olszyk, Jr.
Signatory's Position: Attorney of Record, PA Bar Member
Signatory's Phone Number: 2152992081
The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and
any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another
U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed
revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter;
or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.
Mailing Address: Christopher D. Olszyk, Jr.
FOX ROTHSCHILD LLP
997 LENOX DRIVE, BLDG. 3
LAWRENCEVILLE, New Jersey 08648-2311
Mailing Address: Christopher D. Olszyk, Jr.
FOX ROTHSCHILD LLP
997 LENOX DRIVE, BLDG. 3
LAWRENCEVILLE, New Jersey 08648-2311
Serial Number: 88279397
Internet Transmission Date: Mon Oct 05 11:59:39 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202010051159392
68901-88279397-20201005113956818465-N/A-
N/A-20201005113956818465