UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/412796
APPLICANT: Intercraft Company
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CORRESPONDENT ADDRESS: JEANETTE S. ZIMMER SCHIFF HARDIN & WAITE P.O. BOX 06079 CHICAGO, IL 60606-0079
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom111@uspto.gov
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: CONNOISSEUR
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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 76/412796
NOTICE OF SUSPENSION
This letter responds to the applicant’s communication filed on March 17, 2003. The applicant 1) claimed ownership of Registration No. 1968927, 2) proposed amendment to the identification of goods with payment for the additional International Class and 3) argued against the likelihood of confusion with Registration Nos. 1771407 and 1386776 and prior pending Application Nos. 78-048561 and 76-361879. Item Nos. 1 and 2 are acceptable. The refusal is continued and maintained. Action on this application is suspended pending the disposition of:
- Application Serial No(s). 78-048561 and 76-361879
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.
Likelihood of Confusion
The applicant has argued that its mark is commonly registered for a wide variety of goods. Applicant seeks registration in a typed mark for a registered term for related goods. Even a weak mark is entitled to protection against the registration of a similar mark for identical or closely related goods. In re National Data Corp., 222 USPQ 515 (TTAB 1984), aff'd 224 USPQ 749 (Fed. Cir. 1985); Plus Products v. Physicians Formula Cosmetics, Inc., 198 USPQ 111 (TTAB 1978); In re Textron, Inc., 180 USPQ 341 (TTAB 1973). Please see attached representative sample of third party registrations for related goods that have been sold under the same mark.
/Tracy Whittaker-Brown/
Examining Attorney, Law Office 111
U.S. Patent & Trademark Office
Phone: (703) 308-9111, ext. 468
Fax: (703) 308-7191
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