To: | Folsom Research, Inc. (esternberger@tlsgroup.com) |
Subject: | TRADEMARK APPLICATION NO. 76497451 - MATRIX PRO - N/A |
Sent: | 3/18/04 6:12:26 PM |
Sent As: | ECom114 |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/497451
APPLICANT: Folsom Research, Inc.
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CORRESPONDENT ADDRESS: ERIC STEMBERGER THE LEGAL SOLUTIONS GROUP, L.L.P. 1629 FIFTH AVENUE SAN RAFAEL CA 94901-1828
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
MARK: MATRIX PRO
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: esternberger@tlsgroup.com |
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 76/497451
NOTICE OF SUSPENSION
Action on this application is suspended pending the disposition of:
- Application Serial No(s). 75811718
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 amended identification goods has been accepted and entered into the record. However, the refusal to register the mark pursuant to Section 2(d) is CONTINUED because the examining attorney has found the arguments to be unpersuasive. Moreover, the applicant has erroneously presumed that a final refusal of a prior pending mark means that the mark is no longer pending. A final refusal is effectively a final opportunity to comply and/or is the precursor to an appeal.
Tricia McDermott Thompkins /TMT/
Trademark Attorney
Law Office 114
Phone No.: 703-308-9114 x263
Fax No.: 703-746-8114/6506