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 16, 2021

The request to divide the above-identified application filed on March 2, 2021 is incomplete and cannot be processed until $350 in fees are submitted. 

The request to divide the application pursuant to 37 C.F.R. §2.87 cannot be accepted because it identifies goods in Class 26 that are outside the scope of the goods identified in the notice of allowance.  Specifically, the wording “ponytail” is beyond the scope of the goods identified in the notice of allowance.  While the identification of goods and/or services may be amended to clarify or limit the goods and/or services, additions to the identification or a broadening of the scope of the identification are not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq. and 1402.07.  Therefore, the wording should be deleted from the identification or amended within the scope of the goods in the notice of allowance namely “Hair products, namely, ponytail”.

Applicant is requesting to divide some, but not all, of the goods within a single class.  The total fees due for the request to divide and for dividing within class are $450, calculated as follows:

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

                                PLUS

• $450 for dividing within Class 26, resulting in the creation of one new child application containing one class, i.e., Class 26.

When the request to divide was filed, applicant paid $100 in divisional fee and $0 in new child application fee.  Applicant must submit the remaining balance of $350 for dividing within Class 26.

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.

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.

/Mary Sananikone/

Mary Sananikone

Intent to Use/Divisional Unit

mary.sananikone@uspto.gov

571-272-9394

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.