To: | Community Growth Partners Holdings LLC (ustrademark@foleyhoag.com) |
Subject: | U.S. Trademark Application Serial No. 88242118 - THE KIND - 35418.00003 |
Sent: | October 09, 2019 07:32:09 PM |
Sent As: | ecom120@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88242118
Mark: THE KIND
|
|
Correspondence Address: |
|
Applicant: Community Growth Partners Holdings LLC
|
|
Reference/Docket No. 35418.00003
Correspondence Email Address: |
|
SUSPENSION NOTICE
No Response Required
Issue date: October 09, 2019
Introduction. This suspension notice is in response to applicant’s communication filed on September 18, 2019.
In a previous Office action dated March 25, 2019, applicant was required to satisfy the following requirement: amend the identification of services. Applicant was also advised that U.S. Application Serial Nos. 88170662, 87278008, 87279725, and 88202792 were prior-filed applications that may bar registration of the applied-for mark.
Applicant amended the identification of services, but additional amendments are required. Therefore, the identification requirement is continued and maintained.
Further, the advisory regarding prior-filed regarding U.S. Application Serial Nos. 87278008, 87279725, and 88202792 is withdrawn. However, the advisory regarding prior-filed regarding U.S. Application Serial No. 88170662 is continued and maintained. Also, this application is still pending.
Therefore, the application is suspended for the reason specified below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
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. 88170662
Applicant argues that the services in the application and the prior-filed mark are different. However, this argument was found unpersuasive, as parties that provide economic services to individuals in disenfranchised communities (as in the application) also commonly provide services promoting the interests of people concerned with health and community (as in the prior-filed mark). Therefore, given the similarity between the services and the similarity between the marks THE KIND and THE KIND MARK, there is a likelihood of confusion.
Requirement maintained and continued. The following requirement is maintained and continued:
• Identification of Services – Continued and Maintained
See id. This requirement will be made final once this application is removed from suspension, unless a new issue arises. See TMEP §716.01.
Please note that, in the September 18, 2019, response, applicant submitted the following amended identification language: “Economic development services, namely providing economic opportunities to individuals in disenfranchised communities”.
Applicant may adopt the following identification, if accurate (changes in bold):
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
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.
/Jessica Hilliard/
Jessica Hilliard
Examining Attorney, Law Office 120
571-272-4031
Jessica.Hilliard@uspto.gov