To: | Apereo Foundation Incorporated (ct@ctaylorlegal.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 86599494 - CAS - CAS - two ma |
Sent: | 11/12/2015 7:51:24 PM |
Sent As: | ECOM113@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86599494
MARK: CAS
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CORRESPONDENT ADDRESS: 455 E Eisenhower Pkwy Ste 355 |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
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APPLICANT: Apereo Foundation Incorporated
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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: 11/12/2015
This Notice of Suspension follows the applicant’s response filed on October 12, 2015.
In a previous Office Action dated July 31, 2015, the trademark examining attorney issued the following refusals and requirements:
1. Section 2(d) Likelihood of Confusion Refusal – PARTIAL REFUSAL
2. Identification Requirement
3. Significance Inquiry Requirement
Applicant responded by amending the identification and indicating that the applied-for mark only has trademark significance. Based on applicant’s response, the identification requirement and significance inquiry requirement are SATISFIED.
In addition, the likelihood of confusion refusal is CONTINUED AND MAINTAINED. However, because maintenance documents are due in the cited registration, action is now suspended. See 37 C.F.R. §2.67; TMEP §§716 et seq.
ACTION IS SUSPENDED
MAINTENANCE DOCUMENTS DUE FOR CITED REGISTRATION: Registration has been refused under Trademark Act Section 2(d), 15 U.S.C. §1052(d), based on the cited registration; however, registration maintenance documents are or were due to be filed for the 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).
NO RESPONSE REQUIRED
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.
/Brin Anderson Desai/
Brin Anderson Desai
Trademark Examining Attorney
Law Office 113
571-272-6399
Brin.Desai@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.