| To: | FTL Corp. (jmeyer@schnader.com) |
| Subject: | TRADEMARK APPLICATION NO. 76655935 - DENIM - 0045836-0517 |
| Sent: | 10/27/2006 7:38:13 PM |
| Sent As: | ECOM105@USPTO.GOV |
| Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/655935
APPLICANT: FTL Corp.
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CORRESPONDENT ADDRESS: SCHNADER HARRISON SEGAL & LEWIS LLP |
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: DENIM
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CORRESPONDENT’S REFERENCE/DOCKET NO: 0045836-0517
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 76/655935
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). 78406892, 78406915, 78661971, and 79013504
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) is attached.
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.
Applicant’s correspondence dated September 5, 2006 wherein applicant responded to the original Office Action’s Section 2(e)(1) refusal by deleting the goods in question has been made of record. The Section 2(e)(1) refusal is hereby withdrawn.
Applicant’s amendment to allege use, also dated September 5, 2006, is also made of record and hereby accepted.
However, applicant should note the attached prior-pending potentially conflicting applications. The examining attorney sincerely apologizes for the oversight. Nevertheless, the assigned trademark examining attorney has once again reviewed the referenced application and determined that there may be a likelihood of confusion between applicant’s mark and the enclosed application under Trademark Act Section 2(d), 15 U.S.C. §1052(d).
If the applicant has any questions or needs further assistance, please telephone the assigned examining attorney.
/Daniel J. Russell/
Trademark Examining Attorney
Law Office 105
Phone No. (571) 272-8479
Fax No. (571) 273-8479
