To: | Sauna Works Inc. (docket@kwanip.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87396901 - PREMIER - SAUNT003 - Request for Reconsideration Denied - Return to TTAB |
Sent: | 9/10/2018 4:20:27 PM |
Sent As: | ECOM112@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87396901
MARK: PREMIER
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
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APPLICANT: Sauna Works Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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REQUEST FOR RECONSIDERATION DENIED
ISSUE/MAILING DATE: 9/10/2018
The trademark examining attorney has carefully reviewed applicant’s request for reconsideration and is denying the request for the reasons stated below. See 37 C.F.R. §2.63(b)(3); TMEP §§715.03(a)(ii)(B), 715.04(a). Applicant’s deletion of Class 35 is ACCEPTED and therefore the specimen based refusal is WITHDRAWN with respect to Class 35.
However, the following refusals made final in the Office action dated February 19, 2018 are maintained and continue to be final as the arguments do not support allowing the applied for “PREMIER” mark to registration.
Trademark Act Section 2(d) refusal based on a likelihood of confusion with the marks in U.S. Registration No(s). 4145783, 4110489, and 4820705.
Trademark Act Section 2(e)(1) refusal based on the mark being a feature of applicant’s goods.
See TMEP §§715.03(a)(ii)(B), 715.04(a).
In the present case, applicant’s request has not resolved all the outstanding issue(s), nor does it raise a new issue or provide any new or compelling evidence with regard to the outstanding issue(s) in the final Office action. In addition, applicant’s analysis and arguments are not persuasive nor do they shed new light on the issues as they are substantially similar to those arguments already made of record. Accordingly, the request is denied.
If applicant has already filed a timely notice of appeal with the Trademark Trial and Appeal Board, the Board will be notified to resume the appeal. See TMEP §715.04(a).
If no appeal has been filed and time remains in the six-month response period to the final Office action, applicant has the remainder of the response period to (1) comply with and/or overcome any outstanding final requirement(s) and/or refusal(s), and/or (2) file a notice of appeal to the Board. TMEP §715.03(a)(ii)(B); see 37 C.F.R. §2.63(b)(1)-(3). The filing of a request for reconsideration does not stay or extend the time for filing an appeal. 37 C.F.R. §2.63(b)(3); see TMEP §§715.03, 715.03(a)(ii)(B), (c).
/Jaclyn Kidwell Walker/
Trademark Examining Attorney
Law Office 112
571-272-8196
jaclyn.kidwellwalker@uspto.gov