To: | Pex Labs, Inc. (jgard@btlaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87047021 - ALLOY - 69725-254569 |
Sent: | 3/15/2017 5:29:47 PM |
Sent As: | ECOM121@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87047021
MARK: ALLOY
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
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APPLICANT: Pex Labs, 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: 3/15/2017
This Suspension action is in response to applicant’s communication filed on March 13, 2017.
In a previous Office action dated September 14, 2016, the trademark examining attorney refused registration of the applied-for mark based on the following: Trademark Act Section 2(d) for a likelihood of confusion with registered marks. In addition, applicant was required to satisfy the following requirement: amend the identification of goods. Applicant was also notified at the time that there are prior-filed applications which may present a bar to registration pursuant to Section 2(d) of the Trademark Act, should they register.
Based on applicant’s response, the trademark examining attorney is now suspending 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 applications identified below precede the filing date of applicant’s application. If the mark 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). A copy of information relevant to this referenced applications was sent previously.
- Application Serial Nos. 86830182 and 86580213
REFUSAL/REQUIREMENTS CONTINUED AND MAINTAINED: The following refusal and requirements are continued and maintained: Trademark Act Section 2(d) Refusal due to a likelihood of confusion with registered marks and a requirement to amend the identification.
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.
/Amer Raja/
Examining Attorney
Law Office 121
(571) 270-5936
amer.raja@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.