UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/588640
APPLICANT: Lola Cosmetics, LLC
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CORRESPONDENT ADDRESS: 233 WILSHIRE BOULEVARD, SUITE 900 |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
MARK: THE POWER OF MASCARA
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: |
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 76/588640
NOTICE OF SUSPENSION
This letter responds to the communication filed on June 3, 2005. Please note that all issues not discussed in this office action have been resolved.
Action on this application is suspended pending the disposition of:
- Application Serial No(s). 78300265, 78333597, 78345827, and 78345830.
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 applicant’s prior arguments were not persuasive.
The applicant is respectfully reminded that the respective identifications of goods contain identical or highly similar goods and/or services. Moreover, even a supposedly weak mark is entitled to protection against the registration of a similar mark for closely related goods or services. King Candy Co. v. Eunice King’s Kitchen, Inc., 496 F.2d 1400, 182 USPQ 108 (C.C.P.A. 1974).
Status Check
To check status information, please use either http://tarr.uspto.gov, or call 703-305-8747 (Monday-Friday, 6:30 a.m. to 12 midnight, EST). If additional information regarding the status of an application or registration is required, callers may telephone the Trademark Assistance Center (TAC) at (571) 272-9250 or (800) 786-9199 and request a status check. TAC is open from 8:30 a.m. to 5:00 p.m. Eastern Standard Time, Monday through Friday, except on holidays.
Copies of Documents
The applicant may view and download any or all documents contained in the electronic file wrapper of all pending trademark applications, as well as many registrations via the Trademark Document Retrieval (TDR) system available online at: http://portal.gov.uspto.report/external/portal/tow. Currently, you can access all pending applications and all Madrid Protocol filings, and also many registrations, via TDR. The USPTO is in the process of converting all remaining registrations into a digital format, to permit future TDR access. This conversion process is expected to take several years.
/Brian Pino/
Examining Attorney
Law Office 114
571.272.9209
571.273.9114 Law Office Facsimile