| To: | Creative Science Systems, Inc. (chris@daylawfirm.com) |
| Subject: | TRADEMARK APPLICATION NO. 78856161 - CSS - N/A |
| Sent: | 2/5/2007 10:43:57 AM |
| Sent As: | ECOM108@USPTO.GOV |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 78/856161
APPLICANT: Creative Science Systems, Inc.
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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: CSS
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 78/856161
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). 76474479 and 76474481
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 Office is also in receipt of the applicant’s correspondence dated 12/15/06 where the applicant (1) argued against the refusal to register based on likelihood of confusion regarding Registration No. 2931379; and (2) provided information regarding the significance of the mark.
As to Item 1, the examining attorney has carefully reviewed the applicant’s arguments and, as a result, the refusal to register under Section 2(d) of the Trademark Act based on U.S. Registration No. 2931379 is hereby withdrawn.
Item 2 is acceptable and has been entered into the record.
/Dahlia George/
Examining Attorney
Law Office 108
(571) 272-5879 voice
(571) 273-9108 official fax