Suspension Letter

MATRIX PRO

Folsom Research, Inc.

TRADEMARK APPLICATION NO. 76497451 - MATRIX PRO - N/A

UNITED STATES DEPARTMENT OF COMMERCE
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.

 

     

 

        

 

    CORRESPONDENT ADDRESS:

    ERIC STEMBERGER

    THE LEGAL SOLUTIONS GROUP, L.L.P.

    1629 FIFTH AVENUE

    SAN RAFAEL CA 94901-1828

   

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

 

 

 

    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.

 

 

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

 

 

 


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