To: | Thermo Fisher Scientific (Asheville) LLC (TFS-TrademarkDocketing@thermofisher.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88010994 - DEVICELINK - TMO1031US942 |
Sent: | 4/25/2019 10:16:38 AM |
Sent As: | ECOM101@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88010994 MARK: DEVICELINK | |
CORRESPONDENT ADDRESS: | GENERAL TRADEMARK INFORMATION: http://www.uspto.gov/trademarks/index.jsp |
APPLICANT: Thermo Fisher Scientific (Asheville) LLC | |
CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: | |
SUSPENSION NOTICE: NO RESPONSE NEEDED
ISSUE/MAILING DATE: 4/25/2019
The trademark examining attorney is suspending action on the application for the reason(s) stated below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
This Office action is in response to applicant’s communication filed on April 5, 2019.
The examining attorney has carefully considered the applicant’s arguments regarding the potential Section 2(d) likelihood of confusion refusal based on pending Application Serial No. 87900989 and the Section 2(e)(1) descriptive refusal but finds them unpersuasive. Therefore, both the potential Section 2(d) likelihood of confusion refusal and Section 2(e)(1) descriptive refusal are continued and maintained.
Also, the applicant’s revised Class 042 recitation of services has been entered.
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(s) registers, applicant’s mark may be refused registration under Section 2(d) because of a likelihood of confusion with that registered mark(s). 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(s) is either registered or abandoned. 37 C.F.R. §2.83(c). A copy of information relevant to this referenced application(s) was sent previously.
- Application Serial No. 87900989
REFUSAL(S)/REQUIREMENT(S) CONTINUED AND MAINTAINED: The following refusal and requirement are continued and maintained: Section 2(e)(1) descriptive refusal, and required clarification of the Class 009 identification of goods.
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.uspto.gov/rsi/rsi.
/Andrew Rhim/
Examining Attorney
Law Office 101
Phone (571) 272-9711
Fax (571) 273-9101
andrew.rhim@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.uspto.gov/. 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.uspto.gov/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the Trademark Electronic Application System (TEAS) form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.