| To: | Performance Food Group Company (mholloway@mcguirewoods.com) |
| Subject: | TRADEMARK APPLICATION NO. 78920844 - MAGELLAN - N/A |
| Sent: | 4/24/2007 2:40:44 PM |
| Sent As: | ECOM114@USPTO.GOV |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 78/920844
APPLICANT: Performance Food Group Company
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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: MAGELLAN
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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 78/920844
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.
This letter responds to the applicant’s communication filed on April 20, 2007. The applicant 1) reserved arguments based on the likelihood of confusion with the cited registrations pending disposition of the prior pending application 2) amended the identification of goods and 3) indicated that the applicant has never used MAGELLAN as a varietal name and it does not own a plant patent under such name. Numbers 1, 2, and 3 are accepted.
The refusal under Section 2(d) of the Trademark Act with respect to U.S. Registration Nos. 2226523 and 2226545 are continued. In addition, the varietal refusal for International Class 31 is continued as the term MAGELLEN is a varietal name for soybeans, broccoli, cauliflower, corn, peas, melons, wheat and sunflowers. Thus, the applicant’s mark is generic for the applicant’s goods in International Class 31 which are broad enough to include these specific fruits, vegetables and grains.
Action on this application is suspended pending the disposition of:
- Application Serial No(s). 76123680
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.
/Brendan D. McCauley/
Brendan D. McCauley
Law Office 114
571-272-9459