UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/563898
APPLICANT: ProEthic Laboratories, LLC
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*76563898* |
CORRESPONDENT ADDRESS: RUSSELL CARTER GACHE SIROTE & PERMUTT P.C. PO BOX 55727 BIRMINGHAM AL 35255-5727
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: FLEXRX
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CORRESPONDENT’S REFERENCE/DOCKET NO: 044007-00002
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 76/563898
The assigned examining attorney has reviewed the referenced application and determined the following.
Prior Pending Application
Although 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. §1052(d), the examining attorney encloses information regarding pending Application Serial No. 78-104781. 37 C.F.R. §2.83.
There may be a likelihood of confusion between the applicant’s mark and the mark in the above noted application under Section 2(d) of the Act. The filing date of the referenced application precedes the applicant’s filing date. If the earlier‑filed application matures into a registration, the examining attorney may refuse registration under Section 2(d).
Action on this application will be SUSPENDED pending the disposition of Application Serial No. 78-104781, upon receipt of the applicant's response resolving the following informalities.
Claimed Registrations Will Not Be Printed
Applicant’s claim of ownership of U.S. Registration Nos. 2698657, 2712009 and 2782530 will not be printed on any registration which may issue from this application because the marks are different. Only prior registrations for the same or similar marks are considered related registrations for purposes of an ownership claim. 37 C.F.R. §2.36; TMEP §812.
Standard Character Claim Required
Applicant must submit the following standard character claim: “The mark is presented in standard characters without claim to any particular font style, size, or color.” 37 C.F.R. §2.52(a).
No set form is required for response to this Office action. The applicant must respond to each point raised. The applicant should simply set forth the required changes or statements and request that the Office enter them. In addition to the identifying information required at the beginning of this letter, the applicant should provide a telephone number to speed up further processing.
In all correspondence to the Patent and Trademark Office, 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.
/Yong Oh (Richard) Kim/
Trademark Examining Attorney
Law Office 115
(703) 308-9115 ext. 434
How to respond to this Office Action:
To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.