UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/377223
APPLICANT: Blue Bird Investment Corporation
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CORRESPONDENT ADDRESS: LESLIE BERTAGNOLLI BAKER & MCKENZIE ONE PRUDENTIAL PLAZA 130 E. RANDOLPH DRIVE, SUITE 3500 CHICAGO, ILLINOIS 60601 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom104@uspto.gov
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: XCEL 102
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CORRESPONDENT’S REFERENCE/DOCKET NO: 02-0309
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 76/377223
NOTICE OF SUSPENSION
Action on this application is suspended pending the disposition of:
- Application Serial No(s). 76/015792
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.
In the initial Office action, registration was refused under Trademark Act Section 2(d), 15 U.S.C. §1052(d), because the mark for which registration is sought so resembles the mark shown in U.S. Registration No. 1,628,203 as to be likely, when used on the identified goods, to cause confusion, or to cause mistake, or to deceive. TMEP §§1207.01 et seq. The examining attorney has considered the applicant’s arguments carefully but has found them unpersuasive. Therefore, the registration refusal under §2(d) is hereby maintained and continued.
Fee increase effective January 1, 2003
Effective January 1, 2003, the fee for filing an application for trademark registration increased to $335.00 per International Class. The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00. Additionally, the fee for amending an existing application to add an additional class or classes of goods/services is $335.00 per class for classes added on or after January 1, 2003.
Matthew J. Pappas
Trademark Examining Attorney
Law Office 104
703/308-9104 ext. 126
ecom104@uspto.gov (formal responses)
matthew.pappas@uspto.gov (informal)