Offc Action Outgoing

MONTEGO

Peek & Cloppenburg KG

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/052395

APPLICANT: Peek & Cloppenburg KG

CORRESPONDENT ADDRESS:

WILLIAM D. RAMAN

THOMPSON & KNIGHT, L.L.P.

1200 SAN JACINTO CENTER

98 SAN JACINTO BOULEVARD

AUSTIN TX 78701-4081

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

ecom111@uspto.gov

MARK: MONTEGO

CORRESPONDENT’S REFERENCE/DOCKET NO: 21877.16010

CORRESPONDENT EMAIL ADDRESS:

Please provide in all correspondence:

1. Filing date, serial number, mark and

applicant's name.

2. Date of this Office Action.

3. Examining Attorney's name and

Law Office number.

4. Your telephone number and e-mail address.

OFFICE ACTION

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.

Serial Number 76/052395

It is called to applicant’s attention that U.S. Trademark Application no. 75-923,993 matured into U.S. Trademark Registration no. 2,675,987. Correspondingly, the suspension of action has been withdrawn and the following instituted:

The examining attorney refuses registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d), because the applicant’s mark, when used on or in connection with the identified goods/services, so resembles the mark in U.S. Registration No. 2,675,987 as to be likely to cause confusion, to cause mistake, or to deceive. TMEP §§1207.01 et seq. See the enclosed registration. The marks of the parties are so similar that when they are used to identify the sources of their respective goods a likelihood of confusion in the minds of purchasers about the sources of the goods would be present.

/David C. Reihner/, Examining Attorney

Law Office 111, 703-308-9111 ext. 469

703-746-8107 fax. ecom107@uspto.gov

How to respond to this Office Action:

To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.

To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.

To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.