UNITED STATES PATENT AND TRADEMARK OFFICE

Serial Number   76/428116      

NOTICE OF SUSPENSION

This letter responds to the applicant’s communication filed on April 28, 2003.  The applicant (1) amended the identification of goods and (2) requested suspension based on the outcome of the prior pending applications.  The applicant’s amended identification of goods is acceptable.  Based on the amended identification, the examiner withdraws the refusal based on Registration Numbers 1975383 and 2310419 and Serial Number 76247416.  Serial Number 76263358 has abandoned and is no longer a bar to the applicant’s registration. 

The refusal to register is maintained based on Registration Number 2498573 (ISLAND REEF).  It is also maintained for Serial Number 76263357 (COCO REEF), which has matured into Registration Number 2727867.  This mark will be formally cited against the applicant upon the outcome of Serial Number 76425117 (REEF).  The potential refusal based on  Serial Number 76425117 (REEF) is also maintained.

For the reasons below, the application is suspended pending the outcome of the prior pending application Serial Number 76425117 (REEF).

APPLICATION IS SUSPENDED

Serial Number 76425117

The applicant applied to register the mark REEF for “alcoholic beverages, namely, prepared alcoholic cocktails, rum and vodka.”  The prior pending application is REEF for “alcoholic beverages produce from fruit juice, alcohol and fruit flavors.”  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 was provided in the initial office action.   In the instant case, the marks are identical and the goods are legally identical. 

Serial Number 76263357

The applicant applied to register the mark REEF for “alcoholic beverages, namely, prepared alcoholic cocktails, rum and vodka.”  The other mark is COCO REEF for “liqueurs.”  In the instant case, the word COCO has been disclaimed.  Moreover, the examiner attaches evidence that demonstrates that the goods are related.

Registration Number 2498573

The applicant applied to register the mark REEF for “alcoholic beverages, namely, prepared alcoholic cocktails, rum and vodka.”  The registered mark is ISLAND REEF for “alcoholic beverage, not including beer, namely, alcoholic cocktails and alcoholic punch.”  In this case, the marks share the word REEF.  The registrant’s addition of the word ISLAND is not enough to avoid a likelihood of confusion because ISLAND simply modifies REEF.  Moreover, the goods are identical and highly similar.

RESPONSE GUIDELINES

No set form is required for response to this Office action. 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.  If the applicant chooses to respond, the applicant should simply set forth the required changes or statements in writing and request that the Office enter them. This will allow the Office to enter the changes upon receipt of the applicant’s response and speed processing of any amendments to the application. The applicant must sign the response.  In addition to the identifying information required at the beginning of this letter, the applicant should list the name and law office of the examining attorney, the serial number of this application, the mailing date of this Office action, and the applicant's telephone number.

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

/Tanya L. Amos/

Trademark Examining Attorney

Law Office 113

(703) 308-9113 Ext. 135

(703) 746-6485

ecom113@uspto.gov