UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/638415
APPLICANT: TIMEVISION, INC.
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CORRESPONDENT ADDRESS: |
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." |
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MARK: AQUIRE
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CORRESPONDENT’S REFERENCE/DOCKET NO: 107086-K016U
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 76/638415
NOTICE OF SUSPENSION
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, the examining attorney will conduct periodic status checks and 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 or e-mailing date of the status inquiry to respond. 15 U.S.C. §1062(b); 37 C.F.R. §2.62.
MAILING/E-MAILING DATE INFORMATION: If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.
Action on this application is suspended pending the disposition of:
- Application Serial No(s). 78629243
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.
Please note that the examining attorney has considered applicant’s arguments with respect to the 2(d) refusal based on U.S. Registration Nos. 1799981 and 2921608 and has found them to be unpersuasive. Therefore the 2(d) refusal is continued as non-final.
Please note that the examining attorney needs more information about the applicant’s goods in order to determine whether to continue or withdraw the 2(d) refusal. Although the applicant’s identification is technically correct, it is still so broad as to also include the goods of the registrant. Therefore, an amended identification, which limits the applicant’s channels of trade as well as product information about the applicant’s goods, may help in overcoming this refusal.
If the applicant has any questions pertaining to this suspension action the applicant is advised to contact the examining attorney either via e-mail or via the telephone.
Florentina Blandu, Esq.
/FBLANDU/
l.o.117
tel. (571) 272-9128
fax (571) 273-9128
e-mail florentina.blandu@uspto.gov (for informal communications)