To: | Zoetop Business Co., Limited (tm@dykema.com) |
Subject: | U.S. Trademark Application Serial No. 88107563 - SHEIN - 116930.3 |
Sent: | January 21, 2020 11:08:57 AM |
Sent As: | ecom108@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88107563
Mark: SHEIN
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Correspondence Address: |
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Applicant: Zoetop Business Co., Limited
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Reference/Docket No. 116930.3
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
PREVIOUS ACTIONS: In a previous Office Action dated December 20, 2018, the trademark examining attorney refused registration of the applied-for mark based on the following: Trademark Act Section 2(e)4 finding the mark merely a surname. In addition, applicant was required to satisfy the following requirement: provide information about wording in the mark.
Based on applicant’s response on June 6, 2019, the trademark examining attorney previously noted that the following requirement has been satisfied: requirement to provide information about wording in the mark. See TMEP §§713.02, 714.04.
In addition, the trademark examining attorney previously noted that the following refusal has been withdrawn: Trademark Act Section 2(e)4 based on applicant’s sufficient Section 2(f) claim in response to the refusal. See TMEP §§713.02, 714.04.
Further, in a New Non-Final Office Action dated July 10, 2019, the trademark examining attorney refused registration of the applied-for mark based on the following: Trademark Act Section 2(d) for a likelihood of confusion with a registered mark.
Applicant filed a response on January 6, 2020 requesting suspension of the application pending the outcome of Opposition Nos. Opposition Nos. 91245941 and 91245759. Accordingly, the application is suspended for the reasons specified below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
Application suspended until legal proceedings involving the applied-for mark are resolved. The legal proceedings below involve (1) a registered mark that conflicts with applicant’s mark under Trademark Act Section 2(d), a mark in a pending application that could conflict with applicant’s mark under Section 2(d) if it registers, and/or (3) the registrability of applicant’s mark. 15 U.S.C. §1052; see 37 C.F.R. §2.83; TMEP §§716.02(a), (c)-(d), 1208 et seq. Because the outcome of this proceedings could directly affect whether applicant’s mark can register, action on this application is suspended until proceedings are resolved. See 37 C.F.R. §2.67; TMEP §§716.02(a), (c)-(d).
- Opposition No(s). 91245941 and 91245759
Refusal maintained and continued. The following refusal is maintained and continued:
• Section 2(d) Refusal – Likelihood of Confusion with U.S. Registration No. 3557641
See TMEP §713.02.
See id. This refusal will be made final once this application is removed from suspension, unless a new issue arises. See TMEP §716.01.
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.
No response required. Applicant may file a response, but is not required to do so.
/Oreoluwa Alao/
Oreoluwa Alao
Examining Attorney
Law Office 108
(571) 270-7210
oreoluwa.alao@uspto.gov