| To: | CREDIT SUISSE SECURITIES (USA) LLC (pto2@thelen.com) |
| Subject: | TRADEMARK APPLICATION NO. 76407743 - OCEANS - 3441/40 |
| Sent: | 6/6/2007 7:58:52 PM |
| Sent As: | ECOM101@USPTO.GOV |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/407743
APPLICANT: CREDIT SUISSE SECURITIES (USA) LLC
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: OCEANS
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CORRESPONDENT’S REFERENCE/DOCKET NO: 3441/40
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.
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Serial Number 76/407743
NOTICE OF SUSPENSION
SUSPENSION PROCEDURE: This suspension notice serves to suspend action on the application for the reason(s) specified below. No response is needed. 37 C.F.R. §2.67. However, the examining attorney will conduct periodic status checks and may issue inquiries at 6 month intervals from the mailing date of this notice. TMEP §716.05. If a status inquiry Office action issues, applicant will have 6 months from the mailing or e-mailing date of the status inquiry to respond. 15 U.S.C. §1062(b); 37 C.F.R. §2.62.
MAILING/E-MAILING DATE INFORMATION: If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.
The Office has reassigned this application to the undersigned trademark examining attorney.
On April 23, 2003, action on this application was suspended pending the disposition of Application Serial Nos. 75460941, 75713351, 75728078, 75758082, 75833779, 76216103, 76302955, and 76302956. Applicant is advised that the referenced pending application numbers 75713351, 75833779, and 76216103 have abandoned and is no longer a bar to the registration of applicant’s mark.
Thus, action on this application is suspended pending the disposition of Application Serial Nos. 75460941, 75728078, 75758082, 76302955, and 76302956 as there may be a likelihood of confusion between the proposed mark and the cited prior pending applications should they mature into registration.
Since applicant's effective filing date is subsequent to the effective filing date of the above-identified applications, the latter, if and when it registers, may be cited against this application in a refusal to register under Section 2(d) of the Trademark Act, 15 U.S.C. §1052(d). See 37 C.F.R. §2.83; TMEP §§1208 et seq. A copy of information relevant to this pending applications was previously sent.
Applicant may submit a request to remove the application from suspension to present arguments related to the potential conflict between the relevant application(s) or other arguments related to the ground for suspension. TMEP §716.03. Applicant's election not to present arguments during suspension will not affect the applicant's right to present arguments later should a refusal in fact issue. If a refusal does issue, applicant will be afforded 6 months from the mailing or e-mailing date of the Office action to submit a response. 15 U.S.C. §1062(b); 37 C.F.R. §2.62.
REFUSAL UNDER SECTION 2(D)
The refusal under Section 2(d) of the Trademark Act, regarding U.S. Registration Nos. 2405049 and 2405050 is continued and maintained.
/Benji Paradewelai/
Benji Paradewelai
Trademark Attorney
U.S. Patent & Trademark Office
Law Office 101
Phone: 571.272.1658
Fax: 571.273.1658