UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88230369
MARK: ARMSTRONG
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Swift Petrochemicals, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
ISSUE/MAILING DATE: 3/14/2019
Search:
Prior Pending Applications:
The examining attorney encloses information regarding pending Application Serial Nos. 88158073 and 882000247. 37 C.F.R. §2.83. See attached.
There may be a likelihood of confusion between the applicant’s mark and the mark in the above noted application under Section 2(d) of the Act. The filing date of the referenced application precedes the applicant’s filing date. If this earlier-filed application matures into a registration, the examining attorney may refuse registration under Section 2(d).
The literal elements of the marks are identical and the attached 15 registrations show that the respective goods are identical and highly related. If the applicant believes that there is no potential conflict between this application and the earlier-filed application, the applicant may present arguments relevant to the issue. The election to respond or not to respond at this time in no way limits the applicant's right to address this issue at a later point.
Suspension:
Upon receipt of the applicant's response as to the procedural issues, action on this application will be suspended pending the disposition of prior pending applications cited above.
Applicant must provide an amended color claim that references all the colors in the drawing of the mark. See 37 C.F.R. §2.52(b)(1); TMEP §§807.07(a) et seq. Specifically, the following colors have been omitted: White. A complete color claim must list all the colors appearing in the drawing of the mark. See 37 C.F.R. §2.52(b)(1); TMEP §§807.07(a) et seq.
The following description and color claim are suggested, if accurate:
The mark consists of a solid blue oval containing the word “ARMSTRONG” in
stylized white letters in the center, the solid blue oval is surrounded by two blue
half-oval shapes creating an incomplete circle and an inner space between the
half-oval shapes and the interior blue oval, the word “ARMSTRONG” has white
starburst above the letter “S” with the upper half-oval having a white starburst
on the upper left curve and the lower half-oval having a white starburst on the
lower right curve.
and
The colors blue and white are claimed as a feature of the mark.
To Respond To This Letter:
Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
Who Must Sign the Response:
It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – To Maintain Lower Fee, Additional Requirements Must Be Met, Including Submitting Documents Online:
Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
Periodically Check The Status of the Application:
To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
To Update Correspondence/e-mail Address:
Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.
/Jeffrey S. DeFord/
Trademark Examining Attorney
Law Office 115
United States Patent & Trademark Office
571-272-9469
jeffrey.deford@uspto.gov