UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/455932
APPLICANT: PIERRE FABRE S.A.
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CORRESPONDENT ADDRESS: G. PATRICK SAGE THE FIRM OF HUESCHEN AND SAGE 500 COLUMBIA PLAZA 350 EAST MICHIGAN AVENUE KALAMAZOO, MICHIGAN 49007-3856 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom102@uspto.gov
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: NALERGIA
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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 76/455932
NOTICE OF SUSPENSION
The examining attorney has searched the Office records and has found no similar registered mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d). TMEP section 704.02.
The applicant owns Registration No. 2079088, for the same mark and the same goods. In the first office action, the examining attorney explained that the office will not issue duplicate registrations. In its response, the applicant advised that Reg. No. 2079088 is due to expire for failure to file a Section 8 Affidavit of Use. The applicant further stated that it will not file the Section 8 Affidavit within the grace period. The applicant requested that this application be suspended pending cancellation of its earlier registered mark.
The deadline for the Section 8 Affidavit was July 15, 2003. The registration will not actually expire for an additional 12 months and 5 days from July 15, 2003. Accordingly, action on this application is suspended for 12 months until the Examining Attorney can determine whether the cited registration will be canceled under §8 or expire under §9. 37 C.F.R 2.67.
/Gwen P. Stokols/
Trademark Examining Attorney
Law Office 102
Telephone: 703-308-9102, x. 275
Fax: 703-746-8102