Suspension Letter

United States Patent and Trademark Office (USPTO)

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

 

 

 

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:

 

• The partial Section 2(d) Refusal with respect to registration Nos. 5299177 and 5299178 has been obviated;
• The Section 2(e)(4) Refusal has been obviated; and
• The requirement to amend the identification of goods and services has been satisfied.

 

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

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on September 30, 2019 for

U.S. Trademark Application Serial No. 88236476

 

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. 

 

/Luz Adorno/

Trademark Examining Attorney

U.S. Patent & Trademark Office, Law Office 111

571-272-4902

Luz.Adorno@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.”