Suspension Letter

WHOLE FOODS FRESH

Whole Foods Market IP, L.P.

U.S. Trademark Application Serial No. 88214123 - WHOLE FOODS FRESH - WFMJ339US

To: Whole Foods Market IP, L.P. (tmcentral@pirkeybarber.com)
Subject: U.S. Trademark Application Serial No. 88214123 - WHOLE FOODS FRESH - WFMJ339US
Sent: April 28, 2020 10:01:59 AM
Sent As: ecom101@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

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

 

U.S. Application Serial No. 88214123

 

Mark:  WHOLE FOODS FRESH

 

 

 

 

Correspondence Address: 

      Christopher L. Graff

      Pirkey Barber PLLC

      1801 East 6th Street, Suite 300

      Austin TX 78702

      

 

 

 

 

Applicant:  Whole Foods Market IP, L.P.

 

 

 

Reference/Docket No. WFMJ339US

 

Correspondence Email Address: 

      tmcentral@pirkeybarber.com

 

 

 

SUSPENSION NOTICE

No Response Required

 

 

Issue date:  April 28, 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 application(s) below was sent previously.

 

            - U.S. Application Serial No(s). 87722319, 87722325, 87722340 and 87722344

 

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. 

 

NOTE: If the marks in the potentially conflicting prior-filed applications have been assigned to applicant, applicant may provide evidence of ownership of the marks to avoid a possible refusal under Trademark Act Section 2(d) based on a likelihood of confusion.  See 15 U.S.C. §1052(d); TMEP §812.01. 

 

Applicant may provide evidence of ownership of the marks by satisfying one of the following:

 

(1)        Record the assignment with the USPTO’s Assignment Recordation Branch (ownership transfer documents such as assignments can be filed online at http://etas.uspto.gov) and promptly notify the trademark examining attorney that the assignment has been duly recorded;

 

(2)        Submit copies of documents evidencing the chain of title; or

 

(3)        Submit the following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20:  “Applicant is the owner of Application Serial No(s). 87722319, 87722325, 87722340 and 87722344.”  To provide this statement using the Trademark Electronic Application System (TEAS), use theResponse to Office Action” form; answer “yes” to wizard questions #3 and #9; then, continuing on to the next portion of the form, in the “Additional Statement(s)” section, check the box for “Miscellaneous Statement” and write in the free form text field for the “Miscellaneous Statement” that  “Applicant is the owner of Application Serial No(s). 87722319, 87722325, 87722340 and 87722344,” inserting the relevant application serial number(s); and follow the instructions within the form for signing.  The form must be signed twice; a signature is required both in the “Declaration Signature” section and in the “Response Signature” section.

 

TMEP §812.01; see 15 U.S.C. §1060; 37 C.F.R. §§2.193(e)(1), 3.25, 3.73(a)-(b); TMEP §502.02(a).

 

Recording a document with the Assignment Recordation Branch does not constitute a response to an Office action.  TMEP §503.01(d).

 

 

/Justine D. Parker/

Justine D. Parker

Examining Attorney

Law Office 101

571-272-2488

justine.parker@uspto.gov

 

 

 

U.S. Trademark Application Serial No. 88214123 - WHOLE FOODS FRESH - WFMJ339US

To: Whole Foods Market IP, L.P. (tmcentral@pirkeybarber.com)
Subject: U.S. Trademark Application Serial No. 88214123 - WHOLE FOODS FRESH - WFMJ339US
Sent: April 28, 2020 10:02:00 AM
Sent As: ecom101@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on April 28, 2020 for

U.S. Trademark Application Serial No. 88214123

 

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. 

 

/Justine D. Parker/

Justine D. Parker

Examining Attorney

Law Office 101

571-272-2488

justine.parker@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.”

 

 


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