Suspension Letter

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

NOTICE OF SUSPENSION

 

ISSUE/MAILING DATE:

 

The Office has reassigned this application to the undersigned trademark examining attorney.

 

This suspension notice is in response to applicant’s telephone inquiry regarding the status of the instant application.  The status is as follows:

 

Registration No. 2696943 has been cancelled, therefore the Section 2(d) refusal as to this mark is withdrawn.

 

Prior Pending Application Serial No. 78189657 has been abandoned and is no longer a potential bar to registration.

 

Prior Pending Application Serial No. 78166571 remains live and is still pending.  The marks at issue contain the identical dominant term PURITY and the goods at issue are of a kind that emanate from the same source.  Please note the attached third party registrations in support. Accordingly, the instant application is hereby suspended pending final disposition of the prior filed application.

 

 

SUSPENSION PROCEDURE: This suspension notice serves to suspend action on the application for the reason(s) specified below.  No response is needed.  However, if you wish to respond to this notice, you should use the “Response to Letter of Suspension” form found at http://teasroa.gov.uspto.report/rsi/rsi.  The Office will conduct periodic status checks to determine if suspension remains appropriate.

 

 

 

Action on this application is suspended pending the disposition of:

 

            - Application Serial No(s). 78166571

 

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.

 

 

 

/Colleen Kearney/

Trademark Examining Attorney

Law Office 113

571-272-8278 (phone)

colleen.kearney@uspto.gov

1-800-786-9199 (TM Assist Ctr.)

 

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.