To: | GROWMARK, Inc. (ip.docket@dorsey.com) |
Subject: | U.S. Trademark Application Serial No. 88241512 - FS - T279453.US.1 |
Sent: | September 10, 2020 02:08:28 PM |
Sent As: | ecom111@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 |
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: September 10, 2020
The application is suspended for the reasons specified below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
The previously cited U.S. Application Serial Nos. 87774341 and 88125160 and no longer a potential bar to the registration of applicant’s mark.
The pending applications below have earlier filing dates than applicant’s application. If a mark in one 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 each of the prior-filed applications below either registers or abandons. 37 C.F.R. §2.83(c). Information relevant to the applications below was sent previously, with information relevant to U.S. Application Serial Nos. 79238032 and 87463513 currently attached.
- U.S. Application Serial Nos. 79238032, 87463513, 87953770, 88040265, 88046090, and 88105322
Application suspended until legal proceedings involving the applied-for mark is resolved. The legal proceedings below involves marks in pending applications that could conflict with applicant’s mark under Section 2(d) if the mark(s) 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 proceedings are resolved. See 37 C.F.R. §2.67; TMEP §§716.02(a), (c)-(d).
- Cancellation Nos. 92074009 and 92074010
- Opposition Nos. 91246792, 91250244, 91254528, and 91249698
Application suspended until disposition of cited registrations. Registration maintenance documents are or were due to be filed for U.S. Registration Nos. 3922965 and 3953286 cited against applicant in a refusal based on Trademark Act Section 2(d). 15 U.S.C. §1052(d). If the maintenance documents are not timely filed and accepted by the USPTO, the cited registration(s) will cancel and/or expire and will no longer bar registration of applicant’s mark under Section 2(d). See 15 U.S.C. §§1058, 1059, 1141k. Action on this application is suspended for six months to await disposition of the cited registrations; after which, the trademark examining attorney will determine whether to maintain or withdraw the Section 2(d) refusal. See 37 C.F.R. §2.67; TMEP §716.02(e).
The Section 2(d) refusal is maintained and continued, and the amended identification of goods requirement is withdrawn. See TMEP §713.02. This refusal 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