To: | Diablo Distributing Ltd. (gina@lupinolaw.com) |
Subject: | U.S. Trademark Application Serial No. 88143967 - DIABLO - N/A |
Sent: | July 25, 2019 07:55:22 AM |
Sent As: | ecom113@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88143967
Mark: DIABLO
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Correspondence Address: |
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Applicant: Diablo Distributing Ltd.
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Reference/Docket No. N/A
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: July 25, 2019
Specimen Refusal – Specimen Omitted
Requirement for Additional Filing Fees
Requirement for Copy of Foreign Registration
The applicant has responded by indicating that the foreign application being used as the basis for a priority claim under Section 44(d) of the Trademark Act has not yet matured into a registration in the applicant's country of origin. The applicant’s response does not address the specimen refusal or filing fee requirement.
Accordingly, the application is suspended for the reason specified below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
Application suspended until submission of foreign registration. Applicant is required to provide a copy of a foreign registration from applicant’s country of origin; the foreign registration must be valid when the U.S. registration issues. 15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii)-(iii); TMEP §§1004, 1004.01(a). Action on the application is suspended until the USPTO receives a copy of such foreign registration. TMEP §§716.02(b), 1003.04. Applicant must also provide an English translation if the foreign registration is not in English. 37 C.F.R. §2.34(a)(3)(ii)-(iii).
If the foreign application abandons, applicant should promptly notify the trademark examining attorney. See TMEP §§1003.08, 1004.01(a). In such case, applicant may amend the application to rely on another filing basis, if appropriate, and will retain the priority filing date, if applicable. TMEP §§1003.08, 1004.01(a).
Refusal and requirement maintained and continued. The following refusal and requirement are maintained and continued:
See TMEP §713.02. This refusal and requirement 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.
/Kim Teresa Moninghoff/
Examining Attorney
Law Office 113
Phone: 571-272-4738
Email: kim.moninghoff@uspto.gov