To: | Bayer Aktiengesellschaft (BayerTrademarkUS@bayer.com) |
Subject: | U.S. Trademark Application Serial No. 88236476 - BAYER - M0001024 065 |
Sent: | September 30, 2019 05:25:49 PM |
Sent As: | ecom111@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88236476
Mark: BAYER
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Correspondence Address: |
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Applicant: Bayer Aktiengesellschaft
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Reference/Docket No. M0001024 065
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: September 30, 2019
INTRODUCTION
The trademark examining attorney has reviewed applicant’s communication filed on September 6, 2019, and notes the following:
In addition, applicant submitted arguments and contends that the instant application should not be suspended pending resolution of a prior-filed application in Serial No. 79241388 that may pose a bar to registration under Section 2(d). Specifically, applicant contends that confusion is not likely and notes that the prior-filed application is suspended based on applicant’s prior-filed mark, which has since registered (Registration No. 5810271). Applicant’s arguments have been considered and found unpersuasive. For example, confusion is likely in International Class 35 where both applications include overlapping services as they relate to advertising and various other business services.
Accordingly, the application is suspended for the reason specified below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
SUSPENSION
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. 79241388
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.
/Luz Adorno/
Trademark Examining Attorney
U.S. Patent & Trademark Office, Law Office 111
571-272-4902
Luz.Adorno@uspto.gov