To: | HEARTLAND WINE & SPIRITS GROUP, INC. (law@jmj.biz) |
Subject: | TRADEMARK APPLICATION NO. 76655586 - DOWNUNDER VODKA - PHN 014 T2 |
Sent: | 11/2/2006 4:02:36 PM |
Sent As: | ECOM106@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/655586
APPLICANT: HEARTLAND WINE & SPIRITS GROUP, 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." |
MARK: DOWNUNDER VODKA
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CORRESPONDENT’S REFERENCE/DOCKET NO: PHN 014 T2
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 76/655586
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.
This letter responds to applicant’s communication on October 20, 2006, 2006. In the aforementioned communication, applicant submitted the following: 1) Section 1(b) filing basis, 2) disclaimer, 3) mark description, and 4) signed declaration. Those submissions are acceptable and those requirements are now withdrawn. TMEP §714.04. The examining attorney also confirms applicant’s Section 44(d) basis.
The following requirement is continued and maintained: The requirement for a true copy, a photocopy, a certification, or a certified copy of a foreign registration from applicant's country of origin. If the registration is in a foreign language, an English translation must also be submitted. 15 U.S.C. §1126(e); 37 C.F.R. §§2.34(a)(3)(ii); TMEP §§716.02(b), 1004 et seq. Please note that applicant must notify the examining attorney if the foreign application abandons.
Action on this application is suspended pending the disposition of:
- Application Serial No(s). 78209931, 78209933, and 78747651
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.
/Dannean J Hetzel/
Trademark Examining Attorney
Law Office 106
Phone - 571-272-8858
Fax - 571-273-9106