Suspension Letter

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

SUSPENSION NOTICE

No Response Required

 

 

Issue date:  August 28, 2020

 

INTRODUCTION

 

This Suspension Notice is in response to applicant’s communication filed on August 11, 2020.

 

In a previous Office action dated February 11, 2020, the trademark examining attorney raised the following refusal for the applied-for mark: 

 

·       TRADEMARK ACT SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION WITH REGISTERED MARKS

·

In addition, applicant was required to satisfy the following requirement:

 

·       AMENDED IDENTIFICATION OF GOODS AND/OR SERVICES REQUIRED

·

Based on applicant’s response, the trademark examining attorney notes that the following refusal has been withdrawn: 

 

·       TRADEMARK ACT SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION WITH REGISTRATION NOS. 3106279 (CHARM), 3191191 (CHARM SCIENCES), 5288176 (CHARM), and 5843124 (CHARM COLLECT HARNESS ANALYZE RESEARCH MANAGE)

 

See TMEP §713.02. 

 

Furthermore, applicant was advised of two prior-filed pending applications that, if registered, may result in the refusal of applicant's mark based on Trademark Act Section 2(d) for a likelihood of confusion with the registered mark(s). Due to the amendments to applicant’s identification of goods and services, Application No. 88376335 (CHARM) has been withdrawn as a potential bar to registration.

 

The following refusal and requirement are continued and maintained.

 

• TRADEMARK ACT SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION WITH REGISTRATION NO. 4453197 (CHARM TRACKER)
• AMENDED IDENTIFICATION OF GOODS AND/OR SERVICES REQUIRED

 

This refusal and requirement will be made final once this application is removed from suspension, unless a new issue arises.  See TMEP §716.01

 

Applicant has not provided any arguments in support of registration and/or against suspension for the Trademark Examining Attorney to address.

 

The application is suspended for the reason specified below.  See 37 C.F.R. §2.67; TMEP §§716 et seq. 

 

The pending application below has an earlier filing date or effective filing date than applicant’s application.  If the mark in the application below registers, the USPTO may refuse registration of applicant’s mark under Section 2(d) because of a likelihood of confusion with the registered mark. 15 U.S.C. §1052(d); see 37 C.F.R. §2.83; TMEP §§1208.02(c). Action on this application is suspended until the prior-filed application below either registers or abandons.  37 C.F.R. §2.83(c).  Information relevant to the application below was sent previously.

 

            - U.S. Application Serial No. 87382866 (CHARM HEALTH)

 

Suspension process.  The USPTO will periodically check this application to determine if it should remain suspended.  See TMEP §716.04.  As needed, the trademark examining attorney will issue a letter to applicant to inquire about the status of the reason for the suspension.  TMEP §716.05. 

 

No response required.  Applicant may file a response, but is not required to do so. 

 

 

/Aubrey Biache/

Examining Attorney

Trademark Law Office 123

(571) 270-0120

aubrey.biache@uspto.gov

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on August 28, 2020 for

U.S. Trademark Application Serial No. 88671331

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

/Aubrey Biache/

Examining Attorney

Trademark Law Office 123

(571) 270-0120

aubrey.biache@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

GENERAL GUIDANCE

·       Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·       Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·       Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”