To: | Apollo Real Estate Acquisition LLC (rls@paulhastings.com) |
Subject: | TRADEMARK APPLICATION NO. 77398400 - AREA - 42790.00001 |
Sent: | 9/23/2008 4:34:35 PM |
Sent As: | ECOM115@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/398400
MARK: AREA
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: Apollo Real Estate Acquisition LLC
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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NOTICE OF SUSPENSION
ISSUE/MAILING DATE: 9/23/2008
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). 77334826
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.
The following issues remain outstanding:
Recitation of Services – Class 36
Therefore, applicant must delete “sale(s)” and indicate with greater specificity the nature of the service, e.g., “Real estate investment services, namely, private equity investment in real estate; real estate ownership and management services, namely, the acquisition, financing and leasing of real estate; real estate property management; management and operation of private equity funds for real estate investments; real estate brokerage services,” in INT. CLASS 36.
For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
Please note, the applicant’s addition of the services in INT. CLASS 37 is accepted and made of record.
Refusal Under Section 2(d) - Maintained
The examining attorney has reviewed the applicant’s argument concerning the likelihood of confusion under Section 2(d) and finds it unpersuasive. Therefore, the refusal under Section 2(d) as to U.S. Registration Nos. 3274630 and 3271816, is continued and maintained.
/Curtis W. French/
Trademark Attorney
Law Office 115
United States Trademark Office
571-272-9472
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.