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:  March 25, 2020

The request to divide the above-identified application filed on February 29, 2020, is incomplete and cannot be processed until $275 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 and/or collective membership organization within multiple classes.  The total fees due for the request to divide and for dividing within classes are $550 calculated as follows:

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

                        PLUS

• $550 for dividing within Classes 3 and 5, resulting in the creation of one new child application(s) containing Classes 3, 5.

When the request to divide was filed, applicant paid $375 in divisional fee(s) and $275 in new child application fee.  Applicant must submit the remaining balance of $275 ($650 minus $375) for dividing within Classes 3 and 5.

The USPTO proposes to change federal trademark rules to require applicants and registrants to (1) file submissions concerning applications and registrations online using the USPTO’s Trademark Electronic Application System (TEAS) and (2) provide and maintain an accurate email address for receiving correspondence from the USPTO.  See the Mandatory Electronic Filing Rules webpage for more information.

.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.

/Sly Douglas, Sly

Sly Douglas

Paralegal Specialist

ITU/Div Unit

Phone:  571-272-9497

Email:  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.