To: | SUPERVALU INC. (slindemeier@merchant-gould.com) |
Subject: | TRADEMARK APPLICATION NO. 78191392 - SUNFLOWER - 8442.57US01 |
Sent: | 4/15/03 5:08:39 PM |
Sent As: | ECom114 |
Attachments: | Attachment - 1 |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/191392
APPLICANT: SUPERVALU INC.
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CORRESPONDENT ADDRESS: Scott W. Johnston Merchant & Gould P.C. P.O. Box 2910 Minneapolis MN USA 55402-9944
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom114@uspto.gov
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MARK: SUNFLOWER
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CORRESPONDENT’S REFERENCE/DOCKET NO: 8442.57US01
CORRESPONDENT EMAIL ADDRESS: slindemeier@merchant-gould.com |
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 78/191392
The assigned examining attorney has reviewed the referenced application and determined the following.
PRIOR PENDING APPLICATION
Although the examining attorney has searched the Office records and has found no similar registered mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d), the examining attorney encloses information regarding pending Application Serial No. 76112083. 37 C.F.R. Section 2.83.
There may be a likelihood of confusion between the applicant's mark and the mark in the above noted application under Section 2(d) of the Act. The filing date of the referenced application precedes the applicant's filing date. If the earlier‑filed application matures into a registration, the examining attorney may refuse registration under Section 2(d).
If the applicant believes that there is no potential conflict between this application and the earlier-filed application, the applicant may present arguments relevant to the issue. The election to file or not to file such a request at this time in no way limits the applicant's right to address this issue at a later point.
Additional information pertaining to trademark application requirements is available on-line at the Patent and Trademark Office web-site at www.uspto.gov. Current status and status date information is available, via touch-tone telephone, for all federal trademark registration and application records maintained in the automated Trademark Reporting and Monitoring (TRAM) system. The information may be accessed by calling (703) 305-8747 from 6:30 a.m. until midnight, Eastern Standard Time, Monday through Friday.
\John Hwang\
Trademark Attorney
Law Office 114
703-308-9114 ext 206
john.hwang@uspto.gov
How to respond to this Office Action:
To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.
To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.