| To: | Microsoft Corporation (BillF.docketing@SeedIP.com) |
| Subject: | TRADEMARK APPLICATION NO. 78822240 - FLUENT - 669005.20429 |
| Sent: | 1/24/07 1:48:09 PM |
| Sent As: | ECOM106@USPTO.GOV |
| Attachments: | Attachment - 1 Attachment - 2 |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 78/822240
APPLICANT: Microsoft Corporation
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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." |
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MARK: FLUENT
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CORRESPONDENT’S REFERENCE/DOCKET NO: 669005.20429
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 78/822240
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). 78803804
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.
In further response to applicant’s communication filed on January 2, 2007, in which the applicant (1) amended the identification of goods, (2) responded to the refusal to register based on Registration No. 1715242 and prior pending applications Serial Nos. 78761750 and 78803804 and (3) submitted a Trademark Consent Agreement.
The refusal to register based on Registration No. 1715242 is withdrawn. Prior pending application Serial No. 78761750 abandoned on January 3, 2007 and therefore no longer presents a possible bar to registration. As noted above, further action on the application is suspended until resolution of prior pending application, Serial No. 78803804.
/Julie M. Guttadauro/
Trademark Examining Attorney
Law Office 106
(571) 272-5875
(571) 273-9106 (Fax)
