UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/468521
APPLICANT: Technogym S.p.A.
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CORRESPONDENT ADDRESS: MICHAEL A. GROW ARENT FOX KINTNER PLOTKIN AND KAHN, PLLC 1050 CONNECTICUT AVENUE, NW WASHINGTON, DC 20036
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom110@uspto.gov
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: THE WELLNESS COMPANY
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CORRESPONDENT’S REFERENCE/DOCKET NO: T 19809
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 76/468521
NOTICE OF SUSPENSION
Action on this application is suspended pending the disposition of:
- Application Serial No(s). 76442331
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 Section 2(e)(1) refusal and the requirement to disclaim the term COMPANY are continued. The examining attorney has considered the applicant’s arguments carefully, but has determined that the term WELLNESS is commonly used in the health industry and is therefore descriptive. With regards to the prior pending application, the marks are identical and the goods are highly related. Therefore, this application will remain suspended pending the disposition of 76442331.
/thl/
Tarah K. Hardy Ludlow
Trademark Attorney
Law Office 110
(703) 308-9110, x. 223
(703) 746-6493 fax
ecom110@uspto.gov (for formal responses)