Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

NOTICE THAT REQUEST TO DIVIDE APPLICATION

IS INCOMPLETE

Response Required

The USPTO must receive applicant’s response to this notice within 30 days of the issue date below or the request to divide the application will be denied.  Respond using the Trademark Electronic Application System (TEAS).  A link to the appropriate TEAS response form appears at the end of this notice.

Issue date:  July 9, 2019

The request to divide the above-identified application filed on June 28, 2019, is incomplete and cannot be processed until $225 in fees are submitted.  Applicant has thirty (30) days from the issuance date of this letter to submit the required fees.  If the necessary fees are not submitted within the specified time period, the request to divide will not be processed.

In the present case, applicant is requesting to divide some, but not all, of the goods and/or services   a single class.  The total fees due for the request to divide and for dividing within classes are $325, calculated as follows:

• $100 for processing the request to divide the original (parent) application into one new child application(s);

                        PLUS

• $225 for dividing within Class 3, resulting in the creation of one new child application(s) containing (Feminine hygiene cleansing towelettes; Foam cleansers for personal use).

When the request to divide was filed, applicant paid $100 in divisional fee(s) and $0 in new child application fee.  Applicant must submit the remaining balance of $225 ($325 minus $100) for dividing within Class 3.

TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE:  Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application.  See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820.  TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services.  37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04.  However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.  

How to respond.  Click to file a Response to Intent-to-Use (ITU)/Divisional Unit Office action.

Direct questions about this notice to the assigned Intent-to-use staff member below.

/Douglas, Sly/

Paralegal Spec

ITU Div Unit

Ph 571-272-9497

Fax 571-273-9497

Sly.douglas@uspto.gov

RESPONSE GUIDANCE

·       Missing the response deadline to this letter will cause the request to divide the application to be denied.  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

·       Responses signed by an unauthorized party are not accepted or processed and can cause the request to divide the application to be denied.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.