To: | Blackhawk Network, Inc. (docketingtm-dc@btlaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88082135 - QUICKTICKET - 60656-285260 |
Sent: | 4/2/2019 3:58:30 PM |
Sent As: | ECOM114@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88082135
MARK: QUICKTICKET
|
|
CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
|
APPLICANT: Blackhawk Network, Inc.
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
|
SUSPENSION NOTICE: NO RESPONSE NEEDED
ISSUE/MAILING DATE: 4/2/2019
The trademark examining attorney has reviewed Applicant’s communication filed March 18, 2019 (“Response”), and is suspending action on the Application for the reason stated below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
REASON FOR SUSPENSION—CONFLICTING MARK
The effective filing date of the pending application(s) 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(s). 87953104
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.
CERTAIN ISSUES RESOLVED
The Response satisfies the requirements to provide an acceptable identification of services, to pay filing fees for additional classes, and to provide an acceptable mark description. TMEP § 713.02.
CERTAIN ISSUES CONTINUED AND MAINTAINED
The disclaimer requirement is continued and maintained at this time. Although Applicant has disclaimed the correct wording, Applicant has not done so in the proper format.
The disclaimed wording must appear in its correct spelling (i.e., with the space in between the separate terms “QUICK” and “TICKET”). See In re Omaha Nat’l Corp., 819 F.2d 1117, 1119, 2 USPQ2d 1859, 1861 (Fed. Cir. 1987); In re Carlson, 91 USPQ2d 1198, 1203 (TTAB 2009); TMEP §1213.08(c).
The following amended disclaimer statement is suggested:
No claim is made to the exclusive right to use “QUICK TICKET” apart from the mark as shown.
RESPONDING TO THIS LETTER
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.
/Jason Malashevich/
Examining Attorney
Law Office 114
571-272-4597
jason.malashevich@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.