UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/321381
APPLICANT: BeAtHome.Com, Inc.
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CORRESPONDENT ADDRESS: DAX ALVAREZ BLAKELY SOKOLOFF TAYLOR & ZAFMAN LLP 12400 WILSHIRE BOULEVARD, SEVENTH FLOOR LOS ANGELES, CA 90025-1030
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom105@uspto.gov
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: BEATHOME
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CORRESPONDENT’S REFERENCE/DOCKET NO: B773.22-0003
CORRESPONDENT EMAIL ADDRESS:
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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.
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Serial Number 76/321381 BEATHOME
This letter responds to the applicant’s communication filed on December 30, 2002.
The Office has reassigned this application to the undersigned examining attorney.
The applicant’s amendment of the identification of goods is accepted and entered.
APPLICATION IS NOT ENTITLED TO REGISTER – Likelihood of Confusion With a Prior Pending Application
The reassigned examining attorney has searched the Office records and has found no similar registered mark which bars registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02. Please note, however, that the reassigned examining attorney has found a potentially conflicting pending application.
The examining attorney encloses information regarding pending Application Serial No. 75/491096 (BEHOME). See the attached document. The filing date of the referenced application precedes the applicant’s filing date. There may be a likelihood of confusion between the two marks under Trademark Act Section 2(d), 15 U.S.C. §1052(d). If the referenced application matures into a registration, the examining attorney may refuse registration in this case under Section 2(d). 37 C.F.R. §2.83; TMEP §1208.01.
If the applicant believes that there is no potential conflict between this application and the earlier-filed application, the applicant may present arguments relevant to the issue in a request to remove the application from suspension. The election to file or not to file such a request at this time in no way limits the applicant's right to address this issue at a later point.
Action on this application is suspended pending the disposition of:
- Application Serial No(s). 75/491096 (BEHOME)
Danielle I. Mattessich
Trademark Attorney
Law Office 105
(703) 308-9105 ext. 261