To: | IMPERATIVE CARE, INC. (efiling@knobbe.com) |
Subject: | U.S. Trademark Application Serial No. 88090003 - TRX - TSP.057T - Request for Reconsideration Denied - Return to TTAB |
Sent: | June 03, 2020 02:38:42 PM |
Sent As: | ecom115@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88090003
Mark: TRX
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Correspondence Address: |
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Applicant: IMPERATIVE CARE, INC.
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Reference/Docket No. TSP.057T
Correspondence Email Address: |
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REQUEST FOR RECONSIDERATION
AFTER FINAL ACTION
DENIED
Issue date: June 03, 2020
This Office action is in response to applicant’s request for reconsideration filed on May 12, 2020. Applicant’s request for reconsideration is denied. See 37 C.F.R. §2.63(b)(3). The trademark examining attorney has carefully reviewed applicant’s request and determined the request did not: (1) raise a new issue, (2) resolve all the outstanding issue(s), (3) provide any new or compelling evidence with regard to the outstanding issue(s), or (4) present analysis and arguments that were persuasive or shed new light on the outstanding issue(s). TMEP §§715.03(a)(ii)(B), 715.04(a).
LIKELIHOOD OF CONFUSION REFUSAL
Registration of the applied-for mark has been finally refused because of a likelihood of confusion with the mark in U.S. Registration No. 4047466. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. See the registration previously made of record. The examining attorney also relies on the attached web pages similar in nature to the evidence previously made of record that show catheters used for drug delivery. Please see attached.
In its request for reconsideration, applicant argues that the refusal to register should be withdrawn because the marks are dissimilar. In particular, applicant argues that the registered mark is not accurately identified as “TRX” in special form because it is ‘“TR’ in stylized font with a small slash through the right leg of the ‘R’”. The examining attorney respectfully disagrees. The registered mark comprises the combination of the letter “T” and the prescription symbol “Rx” in special form, i.e. “TRX” in special form. Applicant’s mark is “TRX” in standard character and could be used in the exact manner as the registered mark.
Accordingly, the following likelihood of confusion refusal made final in the Office action dated November 12, 2019 is continued and maintained. See TMEP §§715.03(a)(ii)(B), 715.04(a).
CLOSING
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).
Please telephone the assigned trademark examining attorney with questions about this Office action.
/Tracy Fletcher/
Examining Attorney
Law Office 115
U.S. Patent and Trademark Office
Direct Dial: 571-272-9471
tracy.fletcher@uspto.gov