To: | Balance Nation, LLC (uspto@bnip.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 86468104 - BALANCE - 1393-002 |
Sent: | 10/2/2015 4:53:27 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. 86468104
MARK: BALANCE
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
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APPLICANT: Balance Nation, LLC
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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: 10/2/2015
On March 17, 2015, an office action with the following advisory and refusal was issued: (1) Prior Pending Applications and (2) Likelihood of Confusion Refusal. The undersigned has reviewed the response filed on September 17, 2015, in which applicant requests registration through a concurrent use proceeding with the owner of registration no. 4653864. Applicant has satisfied the requirements for concurrent use. Therefore, the likelihood of confusion refusal under Section 2(d) of the Trademark Act with respect to Registration No. 4653864 is withdrawn.
However, 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.
PRIOR PENDING APPLICATIONS
The filing dates of the pending applications identified below precede the filing date of applicant’s application. If the marks in the referenced applications register, applicant’s mark may be refused registration under Section 2(d) because of a likelihood of confusion with that registered marks. 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 applications are either registered or abandoned. 37 C.F.R. §2.83(c). Copies of information relevant to these referenced applications were sent previously.
- Application Serial Nos. 86102794 and 86458922
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.
/Khanh M. Le/
Trademark Examining Attorney
Law Office 116
U.S Patent & Trademark Office
Khanh.Le@USPTO.gov
(571) 272-9435
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.