To: | Infostellar Inc. (tm@sughrue.com) |
Subject: | U.S. Trademark Application Serial No. 88228692 - STARPASS - S23955 |
Sent: | November 18, 2019 02:09:08 PM |
Sent As: | ecom123@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88228692
Mark: STARPASS
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Correspondence Address: |
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Applicant: Infostellar Inc.
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Reference/Docket No. S23955
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: November 18, 2019
Applicant submitted a Response to Suspension dated October 29, 2019. The application is suspended for the reasons specified below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
Refusals, advisories and requirements resolved and maintained and continued.
In the Response to Suspension dated October 29, 2019, applicant submitted its Foreign Registration Certificate and translation, converting the application to the Section 44(e) basis and deleting the Section 1(b) basis. As such, the requirement for the Foreign Registration Certificate has been satisfied. See TMEP §713.02. The Response did not address the additional advisories and requirements continued and maintained. Accordingly, the following refusals, advisories and requirements are maintained and continued:
See TMEP §713.02. These refusals, advisories and requirements will be addressed once this application is removed from suspension. See TMEP §716.01.
PRIOR-FILED APPLICATIONS
The pending applications 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 Nos. 79239685; 87827165
The mark in U.S. Application Serial No. 79239685 has registered as U.S. Registration No. 5853801. Additionally, the application in U.S. Serial No. 87827165 remains pending. As such, the application is suspended pending the outcome of the application in U.S. Serial No. 87827165.
Amendments to the Identification of Goods in International Class 9
In the Response dated September 9, 2019, applicant provided amendments to the identification of goods in International Class 9. The amendments are not acceptable for the reasons set forth below. Additionally, the Response to Suspension dated October 29, 2019 does not contain amendments to the identification. Accordingly, the requirement is continued and maintained.
The original identification in the application was:
Telecommunication machines and apparatus; parts and accessories of telecommunication machines and apparatus; remote control telemetering machines and apparatus; parts and accessories of remote control telemetering machines and apparatus; electronic machines, apparatus and their parts; computers and their peripheries; computer programs.
The amendment in the Response is:
Telecommunication machines and apparatus, namely, network routers; Electrical relays; Digital electronic devices to control hardware of a ground station; Digital electronic devices to synchronize communication time between a satellite and a ground station between the ground station and a server; remote control telemetering machines and apparatus; computers and their peripheries.
The wording in the amendment removes the limiting and qualifying language in the original application, broadening the goods from “telecommunication machines and apparatus” to all and all types of “Electrical relays; Digital electronic devices to control hardware of a ground station; Digital electronic devices to synchronize communication time between a satellite and a ground station between the ground station and a server”. Thus, parts of the amendment broadens the scope of the original identification and is not acceptable. See 37 C.F.R. §§2.32(a)(6), 2.71(a); TMEP §§805, 1402.06 et seq., 1402.07.
Applicant may amend the identification to specify that each of the amended goods are types of “Telecommunication machines and apparatus”, as stated in the original identification in the application. See the bold text below.
Applicant may substitute the following wording, if accurate:
International Class 9: Telecommunication machines and apparatus, namely, network routers, electrical relays, digital electronic devices to control hardware of a ground station, digital electronic devices to synchronize communication time between a satellite and a ground station between the ground station and a server; remote control telemetering machines and apparatus; computers and their peripheries
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.
/Rebecca T. Caysido/
Trademark Examining Attorney
Law Office 123
571-270-0926
Rebecca.Caysido@uspto.gov