To: | Basic Organics, Inc. (iplaw@vorys.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85853978 - ACHIEVE - 01158-85101 |
Sent: | 1/3/2014 10:04:57 PM |
Sent As: | ECOM116@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 85853978
MARK: ACHIEVE
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
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APPLICANT: Basic Organics, Inc.
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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: 1/3/2014
The trademark examining attorney is suspending action on the application for the reason stated below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
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.
MAINTENANCE DOCUMENTS DUE FOR CITED REGISTRATION: 2721675. Registration has been refused under Trademark Act Section 2(d), 15 U.S.C. §1052(d), based on the above-referenced cited registration; however, registration maintenance documents are or were due to be filed for this registration. If registration maintenance documents are not or were not timely filed, the registration will be cancelled under Section 8 or 71, and/or expire under Section 9 and will no longer present a bar to registration under Section 2(d). See 15 U.S.C. §§1058, 1059, 1141k; 37 C.F.R. §§2.160(a), 2.182, 7.36(b). Therefore, action on this application is suspended pending disposition of the cited registration for six months, after which time the trademark examining attorney will determine whether to withdraw the Section 2(d) refusal. See 37 C.F.R. §2.67; TMEP §716.02(e).
Please note that the amendment to the identification of the International Class 32 goods submitted is accepted. However, the amendment to the identification of the International Class 5 goods submitted is not accepted because it does not indicate that the protein-based drink mix offered is a type of nutritional supplement. Accordingly, the following is again suggested in this regard, if accurate:
“Nutritional supplement in the nature of a nutrient-dense, protein-based drink mix; dietary supplement drink mixes, namely, soy protein based drink mixes” in International Class 5.
/Zhaleh Delaney/
Trademark Attorney
USPTO
571-272-9153
Zhaleh.Delaney@uspto.gov
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.