To: | Enex Fuels Ltd. (adskale@mintz.com) |
Subject: | U.S. Trademark Application Serial No. 88026095 - ENEX - 045581406T01 |
Sent: | May 27, 2020 06:15:10 PM |
Sent As: | ecom121@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88026095
Mark: ENEX
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Correspondence Address: |
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Applicant: Enex Fuels Ltd.
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Reference/Docket No. 045581406T01
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: May 27, 2020
The application is suspended for the reason specified below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
Applicant has represented in the May 19, 2020 response to the suspension inquiry that the foreign application No. 1877154 being used as the basis for a priority claim under Section 44(d) of the Trademark Act has not yet matured into a registration in the applicant's country of origin and therefore requests that the application be re-suspended.
Application suspended until submission of foreign registration or proof that foreign registration was renewed. Applicant is required to provide a copy of a foreign registration from applicant’s country of origin; the foreign registration must be valid when the U.S. registration issues. 15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii)-(iii); TMEP §§1004, 1004.01(a). Action on the application is suspended until the USPTO receives a copy of such foreign registration or proof that the foreign registration was renewed. TMEP §§716.02(b), 1003.04. Applicant must also provide an English translation if the foreign registration or renewal document is not in English. 37 C.F.R. §2.34(a)(3)(ii)-(iii).
If the foreign application abandons or the foreign registration is not renewed, applicant should promptly notify the trademark examining attorney. See TMEP §§1003.08, 1004.01(a). In such case, applicant may amend the application to rely on another filing basis, if appropriate, and will retain the priority filing date, if applicable. TMEP §§1003.08, 1004.01(a).
Suspension process. The USPTO will periodically check this application to determine if it should remain suspended. See TMEP §716.04. As needed, the trademark examining attorney will issue a letter to applicant to inquire about the status of the reason for the suspension. TMEP §716.05.
REFUSAL CONTINUED AND MAINTAINED: The following refusal is continued and maintained:
Section 2(d) Refusal as it relates to U.S. Registration No. 3847593. Applicant has not submitted any arguments in response to this refusal, and the amendments to the application do not render this refusal moot; as such, this refusal is continued and maintained particularly as it relates to the applicant’s: “Automotive engine oils; automotive greases; automotive lubricants; aviation fuel; crude oils; diesel fuel; diesel oil; engine oils; fuel from crude oil; fuel gas; fuel oil; industrial gasoline; industrial greases; industrial lubricants; industrial lubricating oils; industrial oils” and “Fuel tanks in the nature of metal storage tanks, sold empty,” and “Advertising services for promoting oil, natural gas, fuel, energy in the field of aviation; distributorship services in the field of oils, greases, lubricant, fuels and energy in the aviation sector; retail store services featuring furnaces, hot water tanks, and oil tanks; wholesale distributorships featuring water, fuel and lubricant tanks, pumps and dispensing equipment,” and “Repair, maintenance and installation of heating equipment; installation of furnaces, hot water tanks and oil tanks; leasing of heavy construction equipment; leasing of construction equipment in the nature of water, fuel and lubricant tanks, pumps and dispensing equipment; vehicle service stations, namely, provision of automated, unattended fueling sites designed for vehicles.”
No response required. Applicant may file a response, but is not required to do so.
/Amer Raja/
Amer Raja
Examining Attorney
Law Office 121
(571) 270 5936
amer.raja@uspto.gov