To: | Rapha Racing Ltd (trademark@cll.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 79205650 - RAPHA - N/A |
Sent: | 7/27/2018 1:02:18 PM |
Sent As: | ECOM105@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 79205650
MARK: RAPHA
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
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APPLICANT: Rapha Racing Ltd
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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SUSPENSION NOTICE: NO RESPONSE NEEDED
ISSUE/MAILING DATE: 7/27/2018
INTERNATIONAL REGISTRATION NO. 1340504
This suspension notice is in response to applicant's Request for Reconsideration received on 07/06/2018 has been reviewed. Per applicant's request, action on the application is suspended pending the outcome of the cancellation proceeding referenced below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
PENDING CIVIL PROCEEDING: The pending civil proceeding stated below pertains to a registered mark that conflicts with applicant’s mark under Trademark Act Section 2(d). See 15 U.S.C. §1052; 37 C.F.R. §2.83; TMEP §§716.02(a), (c)-(d), 1208 et seq. Because the civil proceeding pertains to an issue that could directly affect whether applicant’s mark can be registered, action on this application is suspended pending termination of the civil proceeding. See 37 C.F.R. §2.67; TMEP §§716.02(a), (c)-(d).
- TTAB Cancellation No. 92068892
REFUSAL MAINTAINED AND CONTINUED: The refusal under Trademark Act Section 2(d), based on a likelihood of confusion with Reg. No. 4459892, which was made final in the Office Action dated 1/9/2018, is maintained and continued, pending the outcome of the cancellation proceeding referenced above. Further the requirement that applicant's amend the identification of services in International Class 41, which was made final in the Office Action dated 1/9/2018, is also maintained and continued.
The USPTO will periodically conduct a status check of the application to determine whether suspension remains appropriate, and the trademark examining attorney will issue as needed an inquiry letter to applicant regarding the status of the matter on which suspension is based. TMEP §§716.04, 716.05. Applicant will be notified when suspension is no longer appropriate. See TMEP §716.04.
No response to this notice is necessary; however, if applicant wants to respond, applicant should use the “Response to Suspension Inquiry or Letter of Suspension” form online at http://teasroa.gov.uspto.report/rsi/rsi.
/Kristin Carlson/
Trademark Examiner, LO 105
571-272-2240
kristin.carlson@uspto.gov
800-786-9199 (Trademark Assistance Center)
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the Trademark Electronic Application System (TEAS) form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.