Suspension Letter

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

SUSPENSION NOTICE: NO RESPONSE NEEDED

 

ISSUE/MAILING DATE: 4/5/2019

 

INTRODUCTION

 

This Suspension Letter is in response to applicant’s communication dated March 27, 2019, where applicant:

 

(1)  attempted to amend the identification of goods; and

(2)  submitted new specimens.

 

The examining attorney has reviewed the applicant’s response and determined the following:

 

(1)  Applicant’s amendment of the identification of goods is unacceptable, the previous wording in the existing identification remains operative for purposes of future amendments and for determining the scope of future amendments, and the requirement to amend the identification of goods is maintained and continued;

(2)  Applicant’s new specimens are acceptable in part and unacceptable in part; to the extent that they are acceptable they are made of record, and the requirement for representative specimens is satisfied in part (ONLY as to bags for sports); to the extent that they are unacceptable, the requirement for representative specimens is maintained and continued (as to all other goods);

(3)  Applicant failed to clarify the number of classes for which registration is sought, therefore the requirement to clarify the number of classes for which registration is sought is maintained and continued;

(4)  Applicant failed to pay the additional fee required subsequent to its loss of TEAS Plus status, therefore the requirement to pay the additional fee is maintained and continued; and

(5)  the trademark examining attorney still believes there may be a likelihood of confusion between the applied-for mark and the mark in the cited prior pending application, should that mark register. Thus, the application is now suspended.

 

SUSPENSION

 

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. 

 

The effective filing date of the pending application identified below precedes the filing date of applicant’s application.  If the mark in the referenced application registers, applicant’s mark may be refused registration under Section 2(d) because of a likelihood of confusion with that registered mark.  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 application is either registered or abandoned.  37 C.F.R. §2.83(c).  A copy of information relevant to this referenced application was sent previously.

 

            - Application Serial No. 87593311

 

REQUIREMENTS CONTINUED AND MAINTAINED

 

The following requirements are continued and maintained:

 

(1)  Amendment of Identification of Goods Required

(2)  Clarification Required of the Number of Classes for Which Registration Is Sought

(3)  Representative Specimens Required

(4)  TEAS Plus Status Lost – Additional Fee 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.

 

/Dana Dickson/

Examining Attorney

Law Office 113

(571) 270-7552

dana.dickson@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.

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 4/5/2019 FOR U.S. APPLICATION SERIAL NO.87747637

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.gov.uspto.report/, enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.