UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

NOTICE OF SUSPENSION

 

ISSUE/MAILING DATE: 10/5/2009

 

SUSPENSION PROCEDURE: This suspension notice serves to suspend action on the application for the reason 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.uspto.gov/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. 77258426

 

Since applicant's effective filing date is subsequent to the effective filing date of the above-identified application, 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 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 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 refusal is continued and maintained:

 

1) Likelihood of confusion with respect to U.S. Registration Nos. 2260181 and 3499689

 

If applicant has questions about its application, please contact the assigned trademark examining attorney at the telephone number below.

 

 

/Jason Paul Blair/

Examining Attorney

Law Office 104

Phone - (571) 272-8856

Fax - (571) 273-8856

 

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.