UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/397915
APPLICANT: Bernard Technologies, Inc.
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CORRESPONDENT ADDRESS: WILLIAM D. O'NEILL SENNIGER, POWERS, LEAVITT & ROEDEL ONE METROPOLITAN SQUARE 16TH FLOOR ST. LOUIS, MISSOURI 63102 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom108@uspto.gov
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
MARK: PROTEK EASYFIT
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CORRESPONDENT’S REFERENCE/DOCKET NO: BTEC 9685
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 76/397915
NOTICE OF SUSPENSION
The applicant’s response to the first Office action was filed on February 6, 2003. The examining attorney has reviewed the applicant’s amendments and arguments in favor of registration. The ownership of prior registration and diacritical mark statements have been accepted and entered into the record. As to the other outstanding issues, the examining attorney has determined as follows.
Action on this application is suspended pending the disposition of:
- Application Serial No(s). 76/282591
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 following refusals/requirements are continued:
LIKELIHOOD OF CONFUSION REFUSAL (CITING REGISTRATION NOS. 1781253 AND 2370494)
FEE INCREASE EFFECTIVE JANUARY 1, 2003 (FOR INFORMATION ONLY)
Effective January 1, 2003, the fee for filing an application for trademark registration will be 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 will be $335.00 per class for classes added on or after January 1, 2003.
If the applicant has any questions, please telephone the undersigned examining attorney.
Sonya B. Stephens
Trademark Attorney
Law Office 108
(703)308-9108 ext 227 (phone)
(703)746-8108 (fax)
ecom108@uspto.gov (e-mail prosecution)