Suspension Letter

SNAP

Essenlix Corporation

U.S. Trademark Application Serial No. 88205002 - SNAP - ESX-T065

To: Essenlix Corporation (esxip@essenlix.com)
Subject: U.S. Trademark Application Serial No. 88205002 - SNAP - ESX-T065
Sent: September 05, 2019 10:19:38 AM
Sent As: ecom120@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

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

 

U.S. Application Serial No. 88205002

 

Mark:  SNAP

 

 

 

 

Correspondence Address: 

      Julian D. Gonzalez

      1 DEERPARK DRIVE, SUITE R

      MONMOUTH JUNCTION NJ 08852

      

      

 

 

 

 

Applicant:  Essenlix Corporation

 

 

 

Reference/Docket No. ESX-T065

 

Correspondence Email Address: 

      esxip@essenlix.com

 

 

 

SUSPENSION NOTICE

No Response Required

 

 

Issue date:  September 05, 2019

 

 

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

 

The pending application below has an earlier filing date or effective filing date than applicant’s application.  If the mark in the application 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. 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 below either registers or abandons.  37 C.F.R. §2.83(c).  Information relevant to the application below was sent previously.

 

            - U.S. Application Serial No. 88137974

 

Applicant states that there is no relatedness of the goods, but the trademark examining attorney remains concerned regarding a likelihood of confusion.

 

Refusal and requirement resolved and maintained and continued.  The following advisory and refusal are obviated: 

 

         U.S. Serial No. 8731321 has abandoned and no longer presents a possible bar to registration

         Section 2(d) Refusal – Likelihood of Confusion based on U.S. Registration No. 4246624 (SNAPPATH) as applicant has deleted the goods at issue in this refusal

 

See TMEP §713.02.

 

The following refusal and requirement are maintained and continued: 

 

             Section 2(d) Refusal – Likelihood of Confusion based on U.S. Registration Nos. 4320844 (SNAPMD) and 4834468 (SNAPCARE).   

 

Applicant puts forth twelve other SNAP marks in Class 44.  In the first place, the mere submission of a list of registrations or a copy of a private company search report does not make such registrations part of the record.  See In re Peace Love World Live, LLC, 127 USPQ2d 1400, 1405 n.17 (TTAB 2018) (citing In re 1st USA Realty Prof’ls, 84 USPQ2d 1581, 1583 (TTAB 2007); In re Duofold Inc., 184 USPQ 638, 640 (TTAB 1974)); TBMP §1208.02; TMEP §710.03.

 

To make third party registrations part of the record, an applicant must submit copies of the registrations, or the complete electronic equivalent from the USPTO’s automated systems, prior to appeal.  In re Star Belly Stitcher, Inc., 107 USPQ2d 2059, 2064 (TTAB 2013); TBMP §1208.02; TMEP §710.03.  Accordingly, these registrations will not be considered.

 

Applicant should note, though, the fact that the Office classifies services in different classes does not establish that the goods and services are unrelated under Trademark Act Section 2(d), and vice versa.  See TMEP §1207.01(d)(v).  The determination concerning the proper classification of goods or services is a purely administrative determination unrelated to the determination of likelihood of confusion.  In re Detroit Athletic Co., 903 F.3d 1297, 1307, 128 USPQ2d 1047, 1051 (Fed. Cir. 2018) (citing Jean Patou, Inc. v. Theon, Inc., 9 F.3d 971, 975, 29 USPQ2d 1771, 1774 (Fed. Cir. 1993)).

 

Nor does applicant’s exclusionary identification language overcome the refusal.  The fact that the services of the parties differ is not controlling in determining likelihood of confusion.  The issue is not likelihood of confusion between particular services, but likelihood of confusion as to the source or sponsorship of those services.  In re Majestic Distilling Co., 315 F.3d 1311, 1316, 65 USPQ2d 1201, 1205 (Fed. Cir. 2003); In re Shell Oil Co., 992 F.2d 1204, 1208, 26 USPQ2d 1687, 1689 (Fed. Cir. 1993); TMEP §1207.01.

 

 

 

             Identification of Services

 

Applicant still has not specified the “healthcare testing” in Class 44.

 

Medical services, medical assistance, medical counseling, healthcare testing in the nature of diagnostic testing, and diagnostic tests for personal wellness, namely, in the fields of cancer, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases, genetic diseases, and other tissue-based diagnostic testing, cytology, and cell-based testing; Medical services for the detection and identification of nucleic acids in a sample, namely, DNA and RNA screening for medical purposes; all of the aforesaid services not including medical consultations provided via phone, online or videoconferencing and providing information about medical test results to patients and medical professionals in the form of reports

 

See id.  The 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. 

 

 

/Leslee A. Friedman/

Leslee A. Friedman

Trademark Examining Attorney

Office 120

leslee.friedman@uspto.gov

(571) 272 - 5278

 

 

 

U.S. Trademark Application Serial No. 88205002 - SNAP - ESX-T065

To: Essenlix Corporation (esxip@essenlix.com)
Subject: U.S. Trademark Application Serial No. 88205002 - SNAP - ESX-T065
Sent: September 05, 2019 10:19:38 AM
Sent As: ecom120@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on September 05, 2019 for

U.S. Trademark Application Serial No. 88205002

 

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. 

 

/Leslee A. Friedman/

Leslee A. Friedman

Trademark Examining Attorney

Office 120

leslee.friedman@uspto.gov

(571) 272 - 5278

 

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.”

 

 


uspto.report is an independent third-party trademark research tool that is not affiliated, endorsed, or sponsored by the United States Patent and Trademark Office (USPTO) or any other governmental organization. The information provided by uspto.report is based on publicly available data at the time of writing and is intended for informational purposes only.

While we strive to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, reliability, or suitability of the information displayed on this site. The use of this site is at your own risk. Any reliance you place on such information is therefore strictly at your own risk.

All official trademark data, including owner information, should be verified by visiting the official USPTO website at www.uspto.gov. This site is not intended to replace professional legal advice and should not be used as a substitute for consulting with a legal professional who is knowledgeable about trademark law.

© 2025 USPTO.report | Privacy Policy | Resources | RSS Feed of Trademarks | Trademark Filings Twitter Feed