Suspension Letter

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

SUSPENSION NOTICE

No Response Required

 

 

Issue date:  September 14, 2019

 

In a previous Office action dated February 11, 2019, the trademark examining attorney refused registration of the applied-for mark based on the following: Section 2(d) Refusal – Likelihood of Confusion.  In addition, applicant was required to satisfy the following requirement(s): Identification of Services – Amendment Required; Unsigned Application – Verification Required.  In addition, a prior filed application that could pose a potential bar to registration was noted.

 

In applicant’s response dated August 12, 2019, applicant argued against the refusal, amended the identification, and provided a signed declaration/verification.

  

The application is suspended for the reason(s) specified below.  See 37 C.F.R. §2.67; TMEP §§716 et seq. 

 

The pending application(s) below has an earlier filing date or effective filing date than applicant’s application.  If the mark in the application(s) below registers, the USPTO may refuse registration of applicant’s mark under Section 2(d) because of a likelihood of confusion with the registered mark(s). 15 U.S.C. §1052(d); see 37 C.F.R. §2.83; TMEP §§1208.02(c). Action on this application is suspended until the prior-filed application(s) below either registers or abandons.  37 C.F.R. §2.83(c).  Information relevant to the application(s) below was sent previously.

 

            - U.S. Application Serial No(s). 86896212

 

Refusal(s) and/or requirement(s) resolved and maintained and continued.  The following refusal(s) and/or requirement(s) is/are satisfied: 

• Identification of Services – Amendment Required
• Unsigned Application – Verification Required

 

See TMEP §713.02.

 

The following refusal(s) and/or requirement(s) is/are maintained and continued: 

• Section 2(d) Refusal – Likelihood of Confusion

 

In applicant’s response, applicant argues that consumers encountering applicant’s mark will immediately associate the entertainment services offered with applicant’s fictional teenage wizard form and its well-known, pre-existing comic book and television series.  In support, applicant provides registrations of other “Sabrina” registrations.  These arguments and evidence are not persuasive.  Applicant’s other registrations are for other types of goods or services other than the application at issue, and almost all contain other distinctive wording to create a specific commercial impression.  However, the application at issue contains no other distinctive wording and is solely the first name “SABRINA”; therefore, in association with applicant’s broadly worded entertainment services, it could connote the other SABRINA registrations that have other distinctive wording to set them apart.  Therefore, this refusal is maintained and continued.

 

See id.  These refusal(s) and/or requirement(s) 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. 

 

 

/Heather Schubert/

Heather Schubert

Trademark Examining Attorney

Law Office 103

571-272-5484

heather.schubert@uspto.gov

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on September 14, 2019 for

U.S. Trademark Application Serial No. 88156939

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

/Heather Schubert/

Heather Schubert

Trademark Examining Attorney

Law Office 103

571-272-5484

heather.schubert@uspto.gov  

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

GENERAL GUIDANCE

·       Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·       Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·       Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”