To: | GROWMARK, Inc. (ip.docket@dorsey.com) |
Subject: | U.S. Trademark Application Serial No. 88241512 - FS - T279453.US.1 |
Sent: | October 10, 2019 10:10:50 AM |
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. 88241512
Mark: FS
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Correspondence Address: |
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Applicant: GROWMARK, Inc.
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Reference/Docket No. T279453.US.1
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: October 10, 2019
The application is suspended for the reasons specified below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
The pending applications below have an earlier filing date or effective filing date than applicant’s application. If a mark in any of the applications 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 applications below either register or abandon. 37 C.F.R. §2.83(c). Information relevant to the applications below was sent previously.
- U.S. Application Serial Nos. 87774341, 87953770, 88040265, 88046090, 88105322, and 88125160
Application suspended until legal proceedings involving the applied-for mark is resolved. The legal proceedings below involve marks in pending applications that could conflict with applicant’s mark under Section 2(d) if they register. 15 U.S.C. §1052; see 37 C.F.R. §2.83; TMEP §§716.02(a), (c)-(d), 1208 et seq. Because the outcome of these proceedings could directly affect whether applicant’s mark can register, action on this application is suspended until the proceedings are resolved. See 37 C.F.R. §2.67; TMEP §§716.02(a), (c)-(d).
- Opposition Nos. 91246792 and 91250244
The Section 2(d) refusal is maintained and continued. The amended identification of goods requirement is also maintained and continued, as all identified software goods must be clarified as to whether they are downloadable or recorded. See TMEP §713.02.
The refusal and requirement will be made final once this application is removed from suspension, unless a new issue arises. See TMEP §716.01.
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.
/J. Ian Dible/
J. Ian Dible
Examining Attorney
Law Office 111
(571) 272-0209
ian.dible@uspto.gov