Informal Application

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

NOTICE OF INCOMPLETE TRADEMARK APPLICATION

 

 

Serial Number  88/405281

 

The above-referenced trademark application is being returned to you because it does not meet the minimum requirements for receiving a filing date for the reason(s) stated below.

 

Under 37 C.F.R. §2.21(a), the USPTO will grant a filing date to an application under §1 or §44 of the Trademark Act that is in English and contains all of the following:

 

(1) the name of the applicant;

(2) a name and address for correspondence;

(3) a clear drawing of the mark;

(4) a listing of the goods or services; and

(5) the filing fee for at least one class of goods or services.

 

In this case, the Office did not receive a filing fee for one class of goods or services with the application.  The fee was originally charged to a credit card.  However, the cardholder disputed the transaction charging the filing fee to the credit card and the fee was subsequently refunded to the cardholder.  

 

Pursuant to 37 C.F.R. §2.6, the current application filing fees are as follows:

 

·         $600 per class for applications filed on paper

·         $400 per class for TEAS Regular applications filed electronically

·         $275 per class for TEAS RF applications filed electronically

·         $225 per class for TEAS Plus applications filed electronically

 

Please note that the serial number assigned to this application has been cancelled. 

 

You may file a new application containing all the required elements.  The United States Patent and Trademark Office recommends that new applications be filed using the Trademark Electronic Application System (TEAS), available over the Internet at http://www.uspto.gov.

 

Please note that there is a $50 fee for processing any payment refused (including a check returned unpaid) or charged back by a financial institution.  37 C.F.R. §2.6(b)(10). See TMEP §405.06.  However, this is not a filing date requirement.  If an applicant submits the filing fee without paying the processing fee, the USPTO will give the application a filing date as of the date of resubmission, and the examining attorney will require submission of the processing fee during examination.  TMEP §202.03(a)(i).

 

 

 

 

                                                            Commissioner for Trademarks

                                                            P.O. Box 1451

                                                            Alexandria, VA 22313-1415

 

Instructions for applications returned in error:  If you believe this application was returned in error, you may file a request to restore the filing date.  First, you should re-file your application, including the required application filing fee.  The Office recommends using the Trademark Electronic Application System (TEAS) located at http://www.gov.uspto.report/teas/index.html.

 

After you re-file the application and receive a new serial number, fax your request to restore the original filing date to the Petitions Office at 571-273-8950.  This request should state the reasons why you believe the filing date was denied in error and must include (1) the new serial number and (2) a copy of this Notice of Incomplete Trademark Application.  Although applicants have two (2) months from the mailing date of this notice to file a request to restore the original filing date, the request should be filed immediately upon receipt of the new serial number to ensure that it will be processed in a timely manner.

If you have any questions, please call the Trademark Assistance Center (TAC) at 1-800-786-9199, or send an email to TrademarkAssistanceCenter@uspto.gov.  Please visit the USPTO website at http://www.uspto.gov for a list of trademark services available electronically.