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:  April 14, 2020

The request to divide the above-identified application filed on March 9, 2020, is incomplete and cannot be processed until $275.00 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 a single class.  The total fees due for the request to divide and for dividing within class(es) are $375.00, calculated as follows:

• $100.00 for processing the request to divide the original (parent) application into one new child application(s);

                        PLUS

• $275.00 for dividing within Class(es) 25, resulting in the creation of one new child application(s) containing one class(es), i.e., Class(es) 25.

When the request to divide was filed, applicant paid $100.00 in divisional fee(s) and $000.00 in new child application fee.  Applicant must submit the remaining balance of $275.00 ($375.00 minus $100.00) for dividing within Class(es) 25.

A request to divide an application is generally not considered a proper response to a trademark examining attorney’s Office action and does not relieve an applicant of the duty to respond to any outstanding Office action or to take any other required action.  37 C.F.R. §2.87(e); TMEP §1110.05.

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.

/Concetta A. Butler/

Paralegal Specialist

ITU Divisional

Office (571) 272-9494

e-mail: concetta.butler@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.