To: | Phoenix Innovations Corp. (sbenson@mdslaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 86221055 - HEAT WAVE - 31656 |
Sent: | 1/9/2015 5:18:12 PM |
Sent As: | ECOM119@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86221055
MARK: HEAT WAVE
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
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APPLICANT: Phoenix Innovations Corp.
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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: 1/9/2015
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 effective filing date of the pending application identified below precedes the filing date of applicant’s application. If the mark in the referenced application registers, applicant’s mark may be refused registration under Section 2(d) because of a likelihood of confusion with that registered mark. See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, action on this application is suspended until the earlier-filed referenced application is either registered or abandoned. 37 C.F.R. §2.83(c). A copy of information relevant to this referenced application was previously attached.
- Application Serial No. 86199874
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.
The Section 2(d) refusal to register based upon likelihood of confusion with Reg. No. 2186244 is CONTINUED. Although the examining attorney referred to the correct registration number and mark in the previous Office action, the analysis regarding the goods mistakenly referred to goods from another registration, which the examining attorney did not cite. The examining attorney apologizes for the confusion caused by this error. The goods in Reg. No. 2186244 are “electrical heating mats for heating floor surfaces.” Inasmuch as the applicant’s goods are residential infrared quartz heaters, which are a related type of heating system for indoor use, use of similar marks on the goods is likely to cause confusion. Attached hereto is representative Internet evidence demonstrating the relatedness of these types of heating products and showing that they are sold in the same channels of trade to the same types of purchasers. In view thereof, the examining attorney remains of the opinion that the applicant’s mark is likely to be confused with the mark HEATWAVE for “electrical heating mats for heating floor surfaces.”
/Patty Evanko/
Law Office 119
(571) 272-9404
patty.evanko@uspto.gov (informal questions only)
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.