UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/372929
APPLICANT: Dennis, Felix
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CORRESPONDENT ADDRESS: ROBERT J. DEBRAUWERE, ESQ. JACOBS DEBRAUWERE & DEHN LLP 445 PARK AVENUE NEW YORK, NEW YORK 10022
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom109@uspto.gov
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
MARK: MAXIM
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 76/372929
NOTICE OF SUSPENSION
Action on this application is suspended pending the disposition of:
- Application Serial No(s). 76/306,419
Since applicant's effective filing date is subsequent to the effective filing date of the above-identified application(s), the latter, if and when it registers, may be cited against this application. See 37 C.F.R. §2.83. A copy of information relevant to this pending application(s) was sent previously. The applicant may request that the application be removed from suspension by presenting arguments related to the potential conflict between the relevant applications or other arguments related to the ground for suspension. The applicant's election to present or not to present arguments at this time will not affect the applicant's right to present arguments later.
The applicant has argued that the channels of commerce are different. In support of this argument, the applicant has submitted printouts of registrant’s web site demonstrating the medicinal nature of the goods. However, an applicant may not restrict the scope of its goods and/or the scope of the goods covered in the [application] by extrinsic argument or evidence, for example, as to the quality or price of the goods. See, e.g., In re Bercut-Vandervoort & Co., 229 USPQ 763, 764 (TTAB 1986). TMEP Section 1207.01(a)(iii). Therefore, the pending refusal is continued.
/Christopher L. Buongiorno/
Law Office 113
(703) 308-9107 ext. 271