To: | Licensing IP International S.àr.l. (Trademark@msk.com) |
Subject: | U.S. Trademark Application Serial No. 88107786 - PH - 43277 |
Sent: | October 21, 2019 02:25:17 PM |
Sent As: | ecom103@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88107786
Mark: PH
|
|
Correspondence Address: |
|
Applicant: Licensing IP International S.àr.l.
|
|
Reference/Docket No. 43277
Correspondence Email Address: |
|
SUSPENSION NOTICE
No Response Required
Issue date: October 21, 2019
This suspension action follows applicant’s May 6, 2019 request to divide and subsequent October 10, 2019 response to the examining attorney’s Office action, dated April 11, 2019.
In that April 11, 2019 Office action, the examining attorney raised the following refusal:
· Partial Section 2(d) Refusal – Likelihood of Confusion (Class 38)
In response to the refusal, applicant filed a request to divide the application into two separate applications so that the other classes could be transferred to the divided out application and proceed toward registration. See 37 C.F.R. §2.87; TMEP §1110 et seq. Applicant then filed a Petition to cancel the marks in U.S. Registration Nos. 5015046 and 5019629, the marks which conflict with applicant’s mark in Class 38.
Therefore, the application is suspended for the reasons specified below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
Application suspended until a legal proceeding involving the applied-for mark is resolved. The legal proceeding below involves registered marks that conflict with applicant’s mark under Trademark Act Section 2(d). 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 the proceeding could directly affect whether applicant’s mark can register, action on this application is suspended until the proceeding is resolved. See 37 C.F.R. §2.67; TMEP §§716.02(a), (c)-(d).
- Cancellation No. 92072548
RESPONSE GUIDELINES – NO RESPONSE NECESSARY AT THIS TIME
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.
/Ray Harmon/
Trademark Examining Attorney
Law Office 103
United States Patent & Trademark Office
(571) 272-0386
raymond.harmon@uspto.gov