Letter on Petition

United States Patent and Trademark Office (USPTO)

 

U.S. Application Serial No. 88840075   Mark:  DEVIL MAY CRY
Correspondence Address:         Sarah G. Voeller        HAMRE, SCHUMANN, MUELLER & LARSON, P.C.        45 SOUTH SEVENTH STREET, SUITE 2700        MINNEAPOLIS MN 55402
Owner:  CAPCOM CO., LTD.
Reference/Docket No. 8279.2108US0   Correspondence Email Address:         trademark@hsml.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:  August 19, 2020

 

Dear Ms. Voeller:

 

 

A petition to the Director of the United States Patent and Trademark Office (USPTO)  for consideration of an amendment to the basis after publication was received on July 21, 2020.  The USPTO is unable to process the petition because it does not include a clear statement concerning the Section 1(b) basis.  See Trademark Manual of Examining Procedure (TMEP) §806.03(j)(ii).

 

The Director will not grant a petition to add Section 44(e) and retain the Section 1(b) basis after issuance of the notice of allowance (NOA) unless a statement of use (SOU) is filed with the petition.  TMEP §806.03(j)(ii).  However, if the examining attorney accepts the Section 44(e) filing basis, you can request that the Section 1(b) basis be deleted and no SOU will be required.  You must clarify how you would like to proceed.  If the amendment to add Section 44(e) and delete Section 1(b) is accepted, the application can be republished and forwarded to registration based solely on Section 44(e). See TMEP §806.03(j)(ii).

 

In this case, it is unclear from the petition whether you seek registration based on both Sections 1(b) and 44(e) and intend to file an SOU, or if you wish to delete the  Section 1(b) basis upon acceptance of the  Section 44(e) basis.

 

 

Please submit one of the following:

• an SOU;
• a statement that if the Section 44(e) basis is accepted, the Section 1(b) basis may be deleted to republish the application; or
• a request to withdraw the petition with the option of refiling the petition with an SOU at a later date.

 

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.

  

Filing a petition does not halt or forgive the time requirements for filing an SOU after issuance of the NOA.  You must file an SOU or an extension request when due or the application will be abandoned. 15 U.S.C. §1051(d)(4); 37 C.F.R. §§2.65(c), 2.88(k), 2.89(g).

 

Responding to This Inquiry Online

 

File your response electronically via the Trademark Electronic Application System (TEAS) using the “Response to Petition to Director Inquiry Letter” online response form available at http://www.gov.uspto.report/trademarks-application-process/filing-online/response-forms.  Please wait 48-72 hours before responding if you received notification of the notice of deficiency by email.  For technical assistance with the online form, please email TEAS@uspto.gov.

 

 

 

 

 

 

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

 

 

Sincerely,

/Deborah Blocker/

Paralegal Specialist

Office of the Deputy Commissioner

for Trademark Examination Policy

571-272-9566

DeborahBlocker@uspto.gov