UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/412798
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 76/412798
NOTICE OF SUSPENSION
This letter responds to the applicant’s communication filed on March 17, 2003. The applicant 1)amended its identification of goods, 2) claimed ownership of Registration No. 1968927, 3) argued against the refusal under Trademark Act Section 2(d) for likelihood of confusion with Registration Nos. 2115921, 2409290, 1211583, 2098720, 1048830, 1301394, and 1829850, and 4) argued against the potential likelihood of confusion with prior pending Application Nos.76-361879, 76-359369 and 78-048561. 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). 76-315768, 76-375910, 78-048561 and 76-359369
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 examining attorney has considered the applicant’s arguments carefully but found them unpersuasive. The applicant seeks registration of CONNOISSEUR in typed form for a wide variety of goods. It is important to note that in seeking a typed form registration, the applicant seeks exclusive rights in all stylized versions of its mark, including the registrants’ stylizations. 37 C.F.R. §2.52(a)(1). Moreover, if granted registration, the applicant would be entitled to use its mark with any descriptive term used in the cited registrations. The fact that CONNOISSEUR is commonly registered for household items is an indication that the register is full regarding the term.
/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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