Petition to Revive Notice of Deficiency

United States Patent and Trademark Office (USPTO)

 

U.S. Application Serial No. 88359155   Mark:  FLIP FLOP LIFE
Correspondence Address:         Breanna McCarthy        CHISHOLM LAW FIRM        1060 WOODCOCK RD STE 128 #84599        ORLANDO FL 32803
Applicant:  Grant, Sheila
Reference/Docket No. N/A   Correspondence Email Address:         breanna@chisholmfirm.com

 

 

PETITION TO REVIVE DEFICIENCY LETTER

Response Required

 

 

The USPTO must receive petitioner’s response to this letter within 60 days of the issue date below or the petition will be denied without consideration on the merits, and the application will remain abandoned.  TMEP §1714.01.  Respond using the Trademark Electronic Application System (TEAS).  A link to the appropriate TEAS response form appears at the end of this letter.  

 

 

Issue date:  April 15, 2020

 

This letter confirms receipt of your request for reinstatement of the above-identified application received on March 6, 2020 .  An abandoned application may be reinstated without a fee if it can be shown that the United States Patent and Trademark Office (USPTO) abandoned the application, in error.

 

With your letter, you have indicated communication with the examining attorney was attempted and a note to the file was supposed to be inserted.  However, the evidence provided by the examining attorney proves that the conversation via email was in regards to copending application 88/359185.  This is insufficient to show that there was an USPTO error in abandoning your application.  Therefore, you are not entitled to reinstatement of the application without a fee.  For examples of situations where the USPTO will reinstate an application for no fee, see TMEP §1712.01.

 

To revive your application, you must meet the requirements for filing a petition to revive pursuant to Trademark Rule 2.66.  37 C.F.R. §2.66. Your letter is being considered as an informal petition.  However, the petition is incomplete because it does not include the following:

 

A non-refundable petition fee is required.  The petition fee is $100 if submitted electronically through the Trademark Electronic Application System (TEAS) or $200 if submitted on paper.  37 C.F.R. §2.6(a)(15). 

 

A written statement signed by someone with first-hand knowledge of the facts that the delay in responding was unintentional must be submitted. TMEP §1714.01(e).

 

A review of the record indicates that this application abandoned for failure to respond to the final Office action, dated July 23, 2019.  A response was not submitted with the petition.  Therefore, a complete response to the final Office action must be submitted.  37 C.F.R. §2.63; TMEP §§715.01, 1714.01(a)(ii). 

 

You are granted thirty (60) days from the mailing date of this letter to perfect the petition by filing:

 

(1)   A notice of appeal filed with the Trademark Trial and Appeal Board (TTAB) and a response to this notice of deficiency with a statement advising the undersigned that the notice of appeal has been filed. (The notice of appeal must be filed with the TTAB and can be filed using the Electronic System for Trademark Trials and Appeals (ESTTA) at http://estta.gov.uspto.report/filing-type.jsp.  Select the “File a New Proceeding” option); or

 

(2)   A request for reconsideration that seeks to comply with all outstanding refusals and/or requirements and a response to this notice of deficiency with a statement advising the undersigned that you do not wish to file a  notice of appeal; or

 

(3)   Both a notice of appeal filed with the TTAB and a request for reconsideration that seeks to comply with all outstanding refusals and/or requirements. The request for reconsideration should be attached to your response to this notice of deficiency.

 

To review the final Office action use the Trademark Status and Document Retrieval (TSDR) database at http://tsdr.gov.uspto.report/.

 

You may proceed with the petition without filing a notice of appeal to the Trademark Trial and Appeal Board (TTAB). 37 C.F.R. §2.66; TMEP §1704.01(a)(iii).  However, if the petition is granted without an appeal and the assigned examining attorney determines that the request for reconsideration does not overcome any/all substantive refusals and satisfy any/all outstanding requirements, your application may be abandoned for incomplete response and no additional time to appeal will be permitted. TMEP §715.03(a)(ii)(D).

 

How to respond.  Use the Response to Petition to Revive Deficiency Letter at http://www.gov.uspto.report/trademarks-application-process/filing-online/petition-forms #11 to file a response to this letter.

 

/Jolie Washington/

Paralegal Specialist

Office of the Deputy Commissioner

For Trademark Examination Policy

Jolie.Washington@uspto.gov

(571) 272-9583