Form PTO-1822 Response to Suspension Inquiry or Letter of Suspension

FRONT PAGE
PTO Form 1822 (Rev 9/07)
OMB No. 0651-0050 (Exp. 4/2009)

Response to Suspension Inquiry or Letter of Suspension
TEAS - Version 3.9: 09/30/2007

Please enter the serial number of the pending application for which you wish to
respond to a Suspension Inquiry or Letter of Suspension. Then, click on the NEXT
button, below.
NOTE: You must respond to a Suspension Inquiry within six (6) months from the
issue/mailing date of the Suspension Inquiry. 15 U.S.C. §1062(b); 37 C.F.R. §2.62. If
the issue/mailing date of the Suspension Inquiry is not known, please access the
USPTO website at http://tarr.uspto.gov/, insert the application serial number, and view
the applicable prosecution history event.
Although not required, you may respond to an actual Letter of Suspension, to present
arguments in favor in removal of the application from suspension. Applicant’s
election not to present argument during suspension will not affect the applicant’s right
to present argument later should a refusal, in fact, issue at a later point. If a refusal
does issue, the applicant will be afforded six (6) months from the mailing or e-mailing
date of the Office action to submit a response.
*Please enter the Serial Number:

NEXT

CLEAR

FORM ITSELF
Response to Suspension Inquiry or Letter of Suspension
TEAS
Version 3.6: 12/02/2006

Fields containing the symbol "*" must be completed; all other relevant fields
should be completed if the information is known.

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Important: ONCE A RESPONSE TO SUSPENSION INQUIRY OR LETTER
OF SUSPENSION IS SUBMITTED ELECTRONICALLY, THE OFFICE WILL
IMMEDIATELY PROVIDE THE SENDER WITH AN ELECTRONIC
ACKNOWLEDGMENT OF RECEIPT OF THE FORM. Please contact
TEAS@uspto.gov within 24 hours of transmission (or by the next business
day) if you do not receive this acknowledgment.
Contact Points:
For general trademark information, please e-mail
TrademarkAssistanceCenter@uspto.gov, or telephone 1-800-786-9199. If
you need help in resolving technical glitches, please e-mail
TEAS@uspto.gov. Please include your telephone number in your e-mail, so
we can talk to you directly, if necessary. For status information on an
application that has an assigned serial number, use http://tarr.uspto.gov.

* Instructions
To file the Response to Suspension Inquiry or Letter of Suspension electronically,
please complete the following steps:
1. Fill out all mandatory fields.
2. Validate the form, using the "button" at the end of the form. If there are
errors, go back to step 1.
3. Use the Submit button at the bottom of the Validation Screen. You will
receive a confirmation screen if your transmission is successful.
4. You will receive an e-mail acknowledgement of your submission.

Filing Information

Serial Number:

78666787

Mark:

The Mark Here

Location of File:

LAW OFFICE 102

Attorney of Record:

Dennis E. Stenzel

Current
Correspondence
Information:

DENNIS E. STENZEL
CHERNOFF, VILAHUER, MCCLUNG & STENZEL, L
1600 ODS TOWER, 601 S.W. SECOND AVENUE
PORTLAND, OR 97204-3157
Phone:(503) 227-5631
Fax: (503) 228-4373
Email:des@chernofflaw.com

Please check the appropriate box(es) below, and provide all relevant information.
PENDING SERIAL NUMBER(S)
[ ] Serial number(s) [
] should not be used as a citation(s) under Section
2(d) of the Trademark Act, in the event that said serial number(s) matures into a
registration(s). I hereby request removal of this application from suspension, based on
the following arguments. In the event that the examining attorney is not persuaded by
these arguments, I hereby request that this application be returned to suspended status,
awaiting ultimate disposition of the referenced serial number(s).
NOTE: You are not required to submit any arguments at this time, and may simply
choose to have this application remain in a suspended status, until disposition of the
referenced serial number(s); however, you may present arguments, if you believe that the
examining attorney will be convinced to remove the application from suspended status
and continue prosecution (i.e., not simply wait for the serial number(s) to mature into a
registration before determining if a 2(d) citation is warranted).
Applicant's election not to present arguments during suspension will not affect the
applicant's right to present arguments later should a refusal in fact issue. If a refusal
does issue, applicant will be afforded 6 months from the issue/mailing date of the Office
action to submit a response. 15 U.S.C. §1062(b); 37 C.F.R. §2.62.
[
] [allow either the direct entry of argument text, or the
attachment of a JPG or PDF image file containing the argument text].
[ ] The referenced serial number(s) [
] has/have now abandoned. I
hereby request removal of this application from suspension for further consideration by
the examining attorney.

[ ] The referenced serial number(s) [
] have now registered. I hereby
request removal of this application from suspension, for consideration by the examining
attorney of whether any likelihood of confusion under Section 2(d) of the Trademark Act
exists.
CANCELLATION PROCEEDING(S)
[
] Cancellation No(s). [
application be re-suspended.

] is still pending. I hereby request that the

[
] Cancellation No(s). [
] has been terminated. I hereby request
removal of this application from suspension for further action by the examining attorney.
If appropriate, please enter any comments/remarks below.
[
] [allow either the direct entry of text or the attachment of a
JPG or PDF image file containing the comments/remarks].
OPPOSITION PROCEEDING(S)
[
] Opposition No(s). [
application be re-suspended.

] is still pending. I hereby request that the

[
] Opposition No(s). [
] has been terminated. I hereby request
removal of this application from suspension for further action by the examining attorney.
If appropriate, please enter any comments/remarks below.
[
] [allow either the direct entry of text or the attachment of a
JPG or PDF image file containing the comments/remarks].
CIVIL ACTION PROCEEDING(S)
[
] Civil Action No(s). [
application be re-suspended.

] is still pending. I hereby request that the

[
] Civil Action No(s). [
] has been terminated. I hereby request
removal of this application from suspension for further action by the examining attorney.
If appropriate, please enter any comments/remarks below.
[
] [allow either the direct entry of text or the attachment of a
JPG or PDF image file containing the comments/remarks].

CONCURRENT USE PROCEEDING(S)
[
] Concurrent Use Proceeding No(s). [
request that the application be re-suspended.

] is still pending. I hereby

[
] Concurrent Use Proceeding No(s). [
] has been terminated. I hereby
request removal of this application from suspension for further action by the examining
attorney.
If appropriate, please enter any comments/remarks below.
[
] [allow either the direct entry of text or the attachment of a
JPG or PDF image file containing the comments/remarks].
FOREIGN APPLICATION(S)
[
] The foreign application(s) No(s). [
] being used as the basis for a
priority claim under Section 44(d) of the Trademark Act has/have not yet matured into a
registration in the applicant’s country of origin. I hereby request that the application be
re-suspended.
[
] The foreign application No(s). [
] has/have now abandoned. I hereby
request removal of this application from suspension for further action by the examining
attorney.
FOREIGN REGISTRATION(S)
[
] The applicant herein submits a digitized image of a copy, a certification, or a
certified copy of a registration in the applicant’s country of origin showing that the
mark has been registered in that country, and that the registration is in full force and
effect. If the foreign registration is not in English, an English translation thereof must
be submitted. I hereby request removal of this application from suspension for
further action by the examining attorney.
[

] [allow for JPG/PDF attachment of foreign registration certificate]

ASSIGNMENT
[
] An assignment involving this application remains pending before the Office. I
hereby request that this application be re-suspended pending the disposition of this
assignment.
[ ] The assignment involving this application has now been recorded, at Reel No. [
]
Frame No. [
]. I hereby request removal of this application from suspension for
further action by the examining attorney.
REGISTRATION MAINTENANCE DOCUMENT(S) FILED
[
] Registration had been refused under Section 2(d) of the Trademark Act, 15 U.S.C.
§1052(d), based on the cited registration(s). However, registration maintenance
documents were due to be filed for the cited registration(s). It is now believed that these
registration maintenance documents were not timely filed, and that the cited
registration(s) will be canceled under §8 or expire under §9 and will no longer present a
bar to registration under Section 2(d). Therefore, I hereby request removal of this
application from suspension for further action by the examining attorney.

SIGNATURE(S)

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The declaration (if required ) and response will not be "signed" in the sense of a traditional
paper document. The signatory must enter any alpha/numeric character(s) or combination
thereof of his or her choosing, preceded and followed by the forward slash (/) symbol.
The USPTO does not determine or pre-approve what the entry should be, but simply
presumes that this specific entry has been adopted to serve the function of the signature.
Most signatories simply enter their names between the two forward slashes, although
acceptable "signatures" could include /john doe/; /jd/; or /123-4567/.

RESPONSE SIGNATURE

You must click one of the three buttons, below, to confirm that you are authorized pursuant to the
rules governing representation of others before the USPTO to sign this response. 37 C.F.R. Part
10.
Unrepresented Applicant: I hereby confirm that currently I am not represented by an
attorney, and that I am either (1) the applicant; or (2) a person(s) with legal authority to bind the
applicant. See TMEP §§712.01 et seq. I further confirm that if I am an applicant who was
previously represented by an attorney, either I have filed a signed revocation of power of attorney
with the USPTO or the USPTO has granted my prior attorney’s request to withdraw.
ADVISORY: You may click this first button only if you are legally authorized to bind the
applicant, e.g., an officer of the applicant corporation or association, or a general partner of the
applicant partnership.
Attorney - No Other Attorney Has Previously Appeared: I hereby confirm that I am either
(1) an attorney who is a member in good standing of the bar of the highest court of a U.S. state; or
(2) a Canadian attorney/agent who has been granted reciprocal recognition under 37 C.F.R.
§10.14(c) by the USPTO's Office of Enrollment and Discipline. I further confirm that (1) the
applicant has not previously been represented in this matter by an authorized attorney; and (2) I
am the applicant’s attorney or an associate of that attorney.
ADVISORY: Foreign attorneys (other than authorized Canadian attorneys/agents) cannot sign
this response and are otherwise prohibited from representing an applicant before the USPTO in
trademark matters.
New Attorney - Change of Attorney Has Occurred (from attorney previously recognized
by USPTO): I hereby confirm that I am either (1) an attorney who is a member in good standing
of the bar of the highest court of a U.S. state; or (2) a Canadian attorney/agent who has been
granted reciprocal recognition under 37 C.F.R. §10.14(c) by the USPTO's Office of Enrollment
and Discipline. I further confirm that the applicant was previously represented in this matter by
another authorized attorney or Canadian attorney/agent, but I have filed a new power of attorney
appointing me in this matter, signed by the applicant.
ADVISORY: Foreign attorneys (other than authorized Canadian attorneys/agents) cannot sign
this response and are otherwise prohibited from representing an applicant before the USPTO in

trademark matters.
* Signature

* Date Signed

(MM/DD/YYYY)

* Signatory's Name
* Signatory's Position
NOTE: Enter the appropriate title or relationship of the signatory. If
an individual, enter "Owner." If an attorney, enter "Attorney of record."

Click on the desired action:
The "Validate Form" function allows you to run an automated check to ensure that all
mandatory fields have been completed. You will receive an "error" message if you have not
filled in one of the fields that are considered mandatory. For other fields that the USPTO
believes are important, but not mandatory, you will receive a "warning" message if the field is
left blank. This warning is a courtesy, if non-completion was merely an oversight. If you so
choose, you may by-pass that "warning" message and validate the form (however, you cannot
by-pass an "error" message).
Note: To print the completed form, in whole or in part, download and save the validated form, or
electronically submit the form to the USPTO, click on the Validate Form button.

Privacy Policy Statement
The information collected on this form allows the USPTO to determine whether a mark may be registered on the Principal
or Supplemental Register, and provides notice of an applicant’s claim of ownership of the mark. Responses to the request
for information are required to obtain the benefit of a registration on the Principal register. 15 U.S.C. § 1051 et. seq. and
37 CFR Part 2. All information collected will be made public. Gathering and providing the information will require an
estimated 10 minutes (depending if the response is based on an intent to use the mark in commerce, use of the mark in
commerce, or a foreign application or registration). Please direct comments on the time needed to complete this form,
and/or suggestions for reducing this burden to the Chief Information Officer, U.S. Patent and Trademark Office, U.S.
Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. Please note that the USPTO may not conduct or
sponsor a collection of information using a form that does not display a valid OMB control number.

________________________________________________________________________
_______________________
Additional Programming Notes:
1.
Use of this form requires the application specifically to be in one of
the following statuses:
651

SUSPENSION INQUIRY - MAILED

653
SUSPENSION LETTER - MAILED
654
REPORT COMPLETED SUSPENSION CHECK - CASE STILL
SUSPENDED
[The related TRAM Prosecution history language is as follows:]
CNSIO
CNSIR
CNSIS
CNSL*
CNSLF
CNSLO
CNSLS

INQUIRY AS TO SUSPENSION MAILED
SUSPENSION INQUIRY - COMPLETED
INQUIRY AS TO SUSPENSION MAILED
LETTER OF SUSPENSION MAILED
LETTER OF SUSPENSION MAILED
LETTER OF SUSPENSION MAILED
LETTER OF SUSPENSION MAILED

If not within one of the above statuses, then ERROR: You may not use this
form. Use is only correct after the Office has issued a Letter of Suspension
or a Status Inquiry.
2.
2. If the status is specifically
3.
651
SUSPENSION INQUIRY - MAILED
then a response is required within 6 months of the issue/mailing date of the
Suspension Inquiry. If beyond that period (taking into account the
Saturday/Sunday/Holiday rule, which gives to the next business day), then
ERROR: You may not file this form, because it is no longer timely.
Submission
was required within six (6) months of the issue/mailing date of the
suspension inquiry. The application will be declared abandoned, requiring
either a petition
to revive or a new application filing.
3. There is no initial blocking edit when the status is either
653
SUSPENSION LETTER - MAILED
654
REPORT COMPLETED SUSPENSION CHECK - CASE STILL
SUSPENDED
4.
Backend processing Note: This form should be routed directly to the
Examining Attorney, identical to the handling of the ROA form.
5.

Additional TICRS/TDR information:

Doc Type
RSI
Inquiry

20 character
Response Susp Inquiry
Incoming

40 character
Response to Suspension