Petition to Revive Notice of Deficiency

United States Patent and Trademark Office (USPTO)

 

U.S. Application Serial No. 88824557   Mark:  MDRX
Correspondence Address:         F. Mark Hansen        F. MARK HANSEN, P.C.        431 NORTH 1300 WEST        SALT LAKE CITY UT 84116
Applicant:  Desert Leasing & Licensing LLC
Reference/Docket No. N/A   Correspondence Email Address:         fmhlaw@comcast.net

 

 

PETITION TO REVIVE DEFICIENCY LETTER

Response Required

 

 

The USPTO must receive petitioner’s response to this letter within 30 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:  March 09, 2021

 

The above-identified trademark application was abandoned on December 2, 2020 for failure to respond to an Office action issued on May 21, 2020.  An application that is abandoned for failure to respond to an Office action may be revived if a timely petition to revive is submitted.  The petition to revive must meet all requirements of Trademark Rule 2.66.  37 C.F.R. §2.66. 

 

On December 15, 2020, a request for reinstatement was submitted to the United States Patent and Trademark Office (USPTO).  An abandoned application may be reinstated without a fee if it can be shown that the USPTO abandoned the application in error. Your letter indicates that the USPTO erred in abandoning tha application because issue in the Office action was incorrect.  This is insufficient to show that there was a 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 Trademark Manual of Examining Procedure (TMEP) Section 1712.01.

 

The request is being treated as an informal petition to revive the application.  The petition is incomplete, however, because it does not meet the requirements of Trademark Rule 2.66.  37 C.F.R. §2.66.  To complete the petition, the following must be submitted electronically using the Trademark Electronic Application System (TEAS):

 

·         A written statement signed by someone with first-hand knowledge of the facts explaining that the delay in responding to the Office action was unintentional;  

 

·         A non-refundable petition fee  of $150 U.S.;

 

·         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 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

 

• 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

 

• 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 deficiency notice.

 

 

You may proceed with the petition without filing a notice of appeal to the TTAB.  37 C.F.R. §2.66; TMEP §1704.01(a)(ii).  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).

 

 

You are granted thirty days from the issue date of this letter to perfect the petition by submitting the requirements listed above.  If the required item(s) are not received in this Office within the thirty-day period, the petition will be denied, without consideration on the merits.   37 C.F.R. §2.66.

 

 

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 to file a response to this letter.

 

 

/Lisa Wallace/

Paralegal Specialist

Office of the Deputy Commissioner

for Trademark Examination Policy

lisa.wallace@uspto.gov

(571) 272-9582