To: | Lang Pharma Nutrition, Inc. (ekahn@langpni.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87613526 - PERFECT HARMONY - N/A |
Sent: | 6/4/2018 5:24:11 AM |
Sent As: | ECOM105@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87613526
MARK: PERFECT HARMONY
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
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APPLICANT: Lang Pharma Nutrition, 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: 6/4/2018
INTRODUCTION
This Office action is in response to applicant’s communication filed on May 7, 2018.
In a previous Office action dated December 22, 2017, the trademark examining attorney refused registration of the applied-for mark based on Trademark Act Section 2(d) for a likelihood of confusion with a registered mark. In addition, applicant was required to amend the identification of goods and disclaim descriptive wording in the mark.
Based on applicant’s response, the trademark examining attorney notes that the disclaimer requirement has been satisfied. See TMEP §§713.02, 714.04.
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.
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 registrations; however, registration maintenance documents are or were due to be filed for U.S. Registration No. 4114157. 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).
REFUSAL AND REQUIREMENT CONTINUED AND MAINTAINED: The following refusal and requirement are continued and maintained: the Section 2(d) refusal for likelihood of confusion with the marks in U.S. Registration Nos. 2682629, 1129023, 4523236, and 4114157; the requirement for an amended identification of goods. The examining attorney has reviewed the applicant’s arguments against the refusal to register and finds them without merit. The arguments will be discussed at length in a final Office action, upon the disposition of U.S. Registration No. 4114157.
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.
/Monica L. Beggs/
Examining Attorney
Law Office 105
(571) 272-6614
monica.beggs@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.