To: | Ultra Pro International, LLC (trademark@keenerlegal.com) |
Subject: | U.S. Trademark Application Serial No. 88170558 - FAKE NEWS OR NOT - N/A |
Sent: | March 19, 2020 10:41:23 AM |
Sent As: | ecom127@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88170558
Mark: FAKE NEWS OR NOT
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Correspondence Address: |
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Applicant: Ultra Pro International, LLC
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Reference/Docket No. N/A
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: March 19, 2020
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 applications below was sent previously.
- U.S. Application Serial No(s). 87370766, 87370748, and 87350234
Refusals and requirement resolved and maintained and continued.
Section 2(d) Refusal – Likelihood of Confusion
The examining attorney continues and maintains refusal of registration on the application for a likelihood of confusion with the marks in U.S. Registration Nos. 5516607, 5382202, and 4987423. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. See the previously attached registrations. Applicant’s arguments in favor of registration filed on July 18, 2019 will be considered upon Final examination.
Attorney Information Required
Attorney attestation required. Applicant’s attorney must provide the following statement: “I attest that I am an attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory).” See 37 C.F.R. §2.17(b)(3). This is required for all U.S.-licensed attorneys who are representing trademark applicants at the USPTO. Id.
Attorney bar information required. Applicant’s attorney must provide the following bar information: (1) his or her bar membership number, if the bar provides one; (2) the name of the U.S. state, Commonwealth, or territory of his or her bar membership; and (3) the year of his or her admission to the bar. 37 C.F.R. §2.17(b)(3). This information is required for all U.S.-licensed attorneys who are representing trademark applicants at the USPTO. Id . If the attorney’s U. S. state/Commonwealth/territory bar does not issue bar membership numbers, applicant must state this for the record. See id.
Accordingly, the following refusals and requirements are maintained and continued:
• Section 2(d) Refusal – Likelihood of Confusion
• Attorney Information Required
See id.
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.
/Joseph P. McCarthy/
Trademark Examining Attorney
Law Office 127
Phone: (571) 272-0458
joseph.mccarthy@uspto.gov