To: | Conopco, Inc. (dallastrademarks@bakermckenzie.com) |
Subject: | U.S. Trademark Application Serial No. 88066286 - BRILLANTE - IPUN07BDT - Request for Reconsideration Denied - Return to TTAB |
Sent: | August 27, 2020 08:38:41 PM |
Sent As: | ecom116@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88066286
Mark: BRILLANTE
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Correspondence Address: |
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Applicant: Conopco, Inc.
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Reference/Docket No. IPUN07BDT
Correspondence Email Address: |
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REQUEST FOR RECONSIDERATION
AFTER FINAL ACTION
DENIED
Issue date: August 27, 2020
Thus, evidence and arguments that constitute a collateral attack on a cited registration, such as information or statements regarding a registrant’s nonuse of its mark, are not relevant during ex parte prosecution. See In re Dixie Rests., 105 F.3d 1405, 1408, 41 USPQ2d 1531, 1534-35 (Fed. Cir. 1997); In re Peebles Inc., 23 USPQ2d 1795, 1797 n.5 (TTAB 1992); TMEP §1207.01(d)(iv). Such evidence and arguments may, however, be pertinent to a formal proceeding before the Trademark Trial and Appeal Board to cancel the cited registration.
Accordingly, the following requirement(s) and/or refusal(s) made final in the Office action dated January 29, 2020 are maintained and continued:
• Refusal based upon a likelihood of confusion with Registration No. 3600094.
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).
/wgb/
William Breckenfeld
Examining Attorney
Law Office 116
571-272-9133
Email: william.breckenfeld@uspto.gov
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