To: | VP Holdings, Inc. (ipdocket@h2law.com) |
Subject: | U.S. Trademark Application Serial No. 87736902 - LUXE - 114287.00009 - Request for Reconsideration Denied - Return to TTAB |
Sent: | August 13, 2019 05:56:45 PM |
Sent As: | ecom110@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23 Attachment - 24 Attachment - 25 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 87736902
Mark: LUXE
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Correspondence Address: |
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Applicant: VP Holdings, Inc.
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Reference/Docket No. 114287.00009
Correspondence Email Address: |
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REQUEST FOR RECONSIDERATION
AFTER FINAL ACTION
DENIED
Issue date: August 13, 2019
The examining attorney notes that the applicant has amended the identification of services. The amendment is accepted and has been entered into the record. The applicant’s identification of services is as follows: “Direct mail services using envelopes having pre-printed inserts which promote the goods and services of others to local consumers directly to their mailboxes” in International Class 35.
The examining attorney remains of the opinion that the applicant’s mark, when used in connection with the listed services, is confusingly similar to the services listed in the cited U.S. Registration. The examining attorney refers to the attached dictionary definitions and third party webpages showing that entities that provide advertising and marketing services also provide direct mail services. Further, the wording “advertising services” and “marketing services” is so broad that it can include direct mail services, which is a form of advertising. See attached.
Accordingly, the following requirement(s) and/or refusal(s) made final in the Office action dated November 9, 2018 are maintained and continued:
• Refusal Section 2(d) – Likelihood of Confusion
See TMEP §§715.03(a)(ii)(B), 715.04(a).
If applicant has already filed an appeal with the Trademark Trial and Appeal Board, the Board will be notified to resume the appeal. See TMEP §715.04(a).
If applicant has not filed an appeal and time remains in the six-month response period, applicant has the remainder of that time to (1) file another request for reconsideration that complies with and/or overcomes 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). Filing 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(c).
/Ellen J.G. Perkins/
Ellen J.G. Perkins
Trademark Examining Attorney, Law Office 110
U.S. Patent & Trademark Office
571 272-9372
Ellen.Perkins@uspto.gov