To: | Aira Euro Automation Pvt. Ltd. (mipcoip@gmail.com) |
Subject: | U.S. Trademark Application Serial No. 88544710 - AIRA - G/561/1998 |
Sent: | November 25, 2019 07:18:47 AM |
Sent As: | ecom127@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88544710
Mark: AIRA
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Correspondence Address: ZAFARULLAKHAN M. PA; M I P & COMPANY (LA |
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Applicant: Aira Euro Automation Pvt. Ltd.
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Reference/Docket No. G/561/1998
Correspondence Email Address: |
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NON-RESPONSIVE SUBMISSION
Issue date: November 25, 2019
Notice of Incomplete Response – Response Not Signed by Applicant’s Current Attorney
Deadline for responding to this notice. To avoid abandonment of the application, the USPTO must receive a properly signed response within either (1) thirty days from the issue date above, or (2) the time remaining in the six-month period for responding to the previous Office action, whichever is longer. TMEP §712.03; see 37 C.F.R. §2.65(a)(2). The response must be received by the USPTO no later than midnight Eastern Time of the last day of the response deadline.
Response is not signed by a proper party and cannot be accepted. Applicant filed a response on November 22, 2019 that was signed by a different attorney from a different law firm than the current attorney and firm of record in this application. No revocation or withdrawal of the current attorney or power of attorney for this new attorney has been filed; thus this new attorney did not have authority to sign the response. See 37 C.F.R. §§2.17(c), 2.19(a)-(b), 2.193(e)(2)-(3); TMEP §604.03. The USPTO cannot accept a response signed by an improper party; therefore, the contents will not be reviewed. See 37 C.F.R. §2.62(b); TMEP §718.03.
Response options for this notice. Applicant must either (1) submit a response signed by applicant’s current attorney, or (2) sign and file a new revocation or appointment of attorney using the Revocation and Appointment of Attorney form and then resubmit the response signed by the new attorney. See 37 C.F.R. §§2.17(b)(1)(i), 2.19(a)(2), 2.62(b), 2.193(e)(2)(i). Click to respond to a previous nonfinal Office action. See below for information about who can sign a response.
Who can sign the response.
Applicant has an attorney. The attorney must sign the response. 37 C.F.R. §2.193(e)(2)(i); TMEP §712.01. When, as in this case, an applicant who was initially represented by an attorney hires a different attorney from a different law firm, the new attorney from the different firm can sign responses only after the applicant has signed and filed a revocation of the current attorney or a power/appointment of attorney for the new attorney, or the current attorney withdraws. See 37 C.F.R. §§2.17(c), 2.19(a)-(b), 2.193(e)(3); TMEP §604.03.
Applicant does not have an attorney. The response must be signed by (1) the individual applicant, (2) someone with legal authority to bind a juristic applicant (e.g., a corporate officer of a corporation, or a general partner of a partnership), or (3) all joint applicants. See 37 C.F.R. §2.193(e)(2)(ii); TMEP §§611.06(a)-(h), 712.01.
The USPTO must receive a properly signed response before the deadline or the USPTO will consider the application abandoned. 37 C.F.R. §2.65(a); TMEP §718.03. In such case, applicant may file a new application with a new fee. A petition to the Director to reverse the holding of abandonment may be granted in very limited circumstances as outlined in TMEP §1713.01.
/Luke Cash Browning/
Luke Cash Browning
Trademark Examining Attorney
Law Office 127 | (571) 270-5767
Luke.Browning@USPTO.gov