Suspension Letter

SUSPENSION PROCEDURE: This suspension notice serves to suspend action on the application for the reason(s) specified below. No response is needed. 37 C.F.R. §2.67. However, periodic status checks will be conducted and the examining attorney may issue inquiries at 6 month intervals from the mailing date of this notice. TMEP §716.05. If a status inquiry Office action issues, applicant will have 6 months from the mailing of the status inquiry to respond. 15 U.S.C. §1062(b); 37 C.F.R. §2.62.

Action on this application is suspended pending the disposition of:

- Application Serial No(s). 78306496

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 in a refusal to register under Section 2(d) of the Trademark Act, 15 U.S.C. §1052(d). See 37 C.F.R. §2.83; TMEP §§1208 et seq. A copy of information relevant to this pending application(s) was sent previously.

Applicant may submit a request to remove the application from suspension to present arguments related to the potential conflict between the relevant application(s) or other arguments related to the ground for suspension. TMEP §716.03. Applicant's election not to present arguments during suspension will not affect the applicant's right to present arguments later should a refusal in fact issue. If a refusal does issue, applicant will be afforded 6 months from the mailing or e-mailing date of the Office action to submit a response. 15 U.S.C. §1062(b); 37 C.F.R. §2.62.

The following refusal under Section 2(d) and the identification of goods are continued but are hereby SUSPENDED.

Likelihood of Confusion

Registration of the proposed mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 2179285. Trademark Act Section 2(d), 15 U.S.C. §1052(d); TMEP §§1207.01 et seq. See the enclosed registration.

Applicant proposes the mark SKYLINK and design for use in connection with “Electronic and optical communications devices, namely, transceivers, transmitters, receivers and sensors; garage door opener, door and gate opener, door and gate locks, electromagnetic door and gate locks; security and alarm systems, namely, electronic security monitoring control panels, transmitters, receivers, transceivers, security sensors, automatic dialers, remote controller for garage doors, remote controlled automatic dialers, automatic voice message hardware and automatic telephone conferencing hardware (IC9).

Registrant provides “telecommunications system consisting of one or more earth stations capable of transmitting signals to and from satellites and other earth stations and computer programs which operate and control the system as a whole” in connection with the mark SKYLINX.

In the first step of the analysis, the examining attorney finds that the marks SKYLINK and SKYLINX look and sound similar. The marks are, on the whole, confusingly similar and impart a similar commercial impression. In the second step of the analysis, the examining attorney finds that the registrant’s goods and the applicant’s goods are commercially related. The applicant and the registrant provide electronic goods that transmit communication signals.

For these reasons, it is likely that the purchasing public would confuse the goods as originating from the same source. Therefore, the examining attorney refuses registration of the applicant’s mark under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d).

Goods

The wording “(IC9)” in the identification of goods needs clarification because it is too broad and does not make any sense. TMEP §§1402.01 and 1402.03.

Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.

Applicant may substitute the following wording, if accurate:

Electronic and optical communications devices, namely, transceivers, transmitters, receivers and sensors; garage door opener, door and gate opener, door and gate locks, electromagnetic door and gate locks; security and alarm systems, namely, electronic security monitoring control panels, transmitters, receivers, transceivers, security sensors, automatic dialers, remote controller for garage doors, remote controlled automatic dialers, automatic voice message hardware and automatic telephone conferencing hardware. International Class 9.

/D. Beryl Gardner/

Examining Attorney

Law Office 112

571-272-9162 (office)

571-273-9162 (fax)

beryl.gardner@uspto.gov

STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.