Letter on Petition

United States Patent and Trademark Office (USPTO)

 

U.S. Application Serial No. 88347042   Mark:  VERDANT
Correspondence Address:         Verdant Efficient Farming, Inc.        14026 SHERBURN MANOR DR        CYPRESS TX 77429
Owner:  Verdant Efficient Farming, Inc.
Reference/Docket No. SN 88347042   Correspondence Email Address:         qian.home@gmail.com

 

 

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:  June 3, 2020

 

The petition to the Director of the United States Patent and Trademark Office (USPTO) regarding the above-identified application was received on February 21, 2020.  See 37 C.F.R. §2.146(a).

 

The petition is incomplete and you must provide the following for the USPTO to consider your petition.

 

• Statement regarding date of awareness of abandonment and receipt or non-receipt of the December 11, 2019 abandonment notice.

 

Therefore, you are granted thirty days from the issue date of this letter to complete the petition. See 37 C.F.R. §2.146(c); Trademark Manual of Examining Procedure (TMEP) §§1705.03, 1712.02(b)(ii). 

 

Statement Regarding Date of Awareness of Abandonment and Receipt or Non-receipt of the December 11, 2019 Abandonment Notice

 

In your petition, you indicate that “I am filing a petition to revive an application abandoned for more than six months due to extraordinary circumstances. We are a small startup company and we have been busy getting prepared for our first product launch in the past 6 months. We would like to follow up whatever procedures to finish the trademark application now.”  (Petition.)  From this information, it is unclear whether you received the December 11, 2019 abandonment notice.

 

A petition to revive an abandoned application based upon unintentional delay in filing a response to an Office action must be filed within two months of the mailing date of the notice of abandonment.  37 C.F.R. §2.66.  In cases where the notice of abandonment was not received, a petition to revive must be filed within two months of actual knowledge of the abandonment but not later than six months after the date United States Patent and Trademark Office (USPTO) electronic records system indicates the application is abandoned.  37 C.F.R. §2.66.

 

Therefore, you must provide a statement indicating the date you became aware of the abandonment of the instant application and whether or not the December 11, 2019 abandonment notice was received, verified by an affidavit or declaration under Trademark Rule 2.20.   37 C.F.R. §2.20; see 37 C.F.R. §2.146(c), (d)(2)(ii); TMEP §1705.03.  The required declaration language is provided in the “Response to Petition to Director Inquiry Letter” form.

 

Petitioner is granted thirty days from the issue date of this letter to respond with the required information.  If the USPTO does not receive this information within the thirty-day period, the petition will be denied without consideration on the merits.  See 37 C.F.R. §2.146(c); TMEP §1705.03. 

 

 

How to respond.  Use the TEAS Response to Petition to Director Inquiry Letter form (#12) to file a response to this letter. 

 

 

 

/Linda M. Estrada/

Attorney Advisor

Office of the Deputy Commissioner

  for Trademark Examination Policy

linda.estrada@uspto.gov

571.272.9298