Letter on Petition

United States Patent and Trademark Office (USPTO)

 

U.S. Application Serial No. 90302754       Mark:  COGMINDER
Correspondence Address:         Weisman, David        300 Gerard        Elkins Park, PA 19027
Owner:  Weisman, David
Reference/Docket No. N/A   Correspondence Email Address:         dcweisman@gmail.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 TAS response form appears at the end of this letter.  

 

 

Issue date:  August 20, 2021

 

Dear Mr. Weisman:

 

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

August 12, 2021.  The USPTO is unable to process the petition because a copy of the foreign registration was not submitted.

 

An applicant may request post-publication amendments adding or substituting new statutory bases for registration by petitioning the Director under Trademark Rule 2.146.  37 C.F.R. §§2.146, 2.35(b)(2).  To support this amendment, the petitioner must submit “a true copy, a photocopy, a certification, or a certified copy of the registration in the country of origin of the applicant.”  37 C.F.R. §2.34(a)(3)(ii). If the foreign registration is not in English, the petitioner must submit a translation.  The translation should be signed by the translator.  TMEP §1004.01(b). A photocopy of the intellectual property office’s publications, a printout from the intellectual property office’s website, or an English translation of a registration from the country of origin by itself is not sufficient to establish that the mark has been registered in that country and that the registration is in full force and effect, unless accompanied by a certification from the issuing office.  TMEP §1004.01.

 

You are granted thirty days from the issue date of this letter to perfect the petition by submitting the required copy of the foreign registration, and translation, if necessary.  If the copy of the foreign registration is 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 for filing a statement of use (SOU) after issuance of the notice of allowance (NOA).  If you wish to maintain the Section 1(b) basis pending acceptance of the Section 44(e) basis, you must file an SOU or a request for an extension of time to file an SOU (extension request) as it becomes due or the application will be abandoned. 15 U.S.C. §1051(d)(4); 37 C.F.R. §§2.65(c), 2.88(h), 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/initial-application-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

Deborah.Blocker@uspto.gov