To: | B3 Management LLC (mark@borgheselegal.com) |
Subject: | U.S. Trademark Application Serial No. 88243161 - POT.LIVE - B3M.0018T |
Sent: | October 03, 2019 03:20:34 PM |
Sent As: | ecom102@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88243161
Mark: POT.LIVE
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Correspondence Address: |
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Applicant: B3 Management LLC
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Reference/Docket No. B3M.0018T
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: October 03, 2019
The application is suspended for the reason(s) specified below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
The pending application(s) below has an earlier filing date or effective filing date than applicant’s application. If the mark in the application(s) 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 application(s) below either registers or abandons. 37 C.F.R. §2.83(c). Information relevant to the application(s) below is provided in this letter.
- U.S. Application Serial No(s). 87088652
The following refusal/requirement is maintained and continued:
• Descriptiveness Refusal Under Section 2(e)(1). The applicant’s contentions are insufficient to overcome the descriptiveness refusal.
• Request for Information. In its Response, the applicant indicates that “Applicant's goods are currently in the planning stages and none of these items have been created in association with Applicant's goods.” As indicated in the prior Office Action, [i]f these materials are unavailable, applicant should submit similar documentation for goods of the same type, explaining how its own product will differ. If the goods feature new technology and information regarding competing goods is not available, applicant must provide a detailed factual description of the goods. Factual information about the goods must make clear how they operate, salient features, and prospective customers and channels of trade.
See id. The refusal/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.
/Howard Smiga/
Examining Attorney
Law Office 102
571-272-9220
Howard.Smiga@uspto.gov