Suspension Letter

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

SUSPENSION NOTICE: NO RESPONSE NEEDED

 

ISSUE/MAILING DATE: 4/29/2019

 

STATUS OF THE APPLICATION:

 

This Suspension Notice responds to applicant’s communication dated 03/28/2019 where applicant:

 

(1)  Provided an amended mark description; and

 

(2)  Presented arguments against the Section 2(d) Refusal.

 

The examining attorney has reviewed the applicant’s response and determined the following:

 

(1)   Applicant’s mark description is accepted. Therefore, the “Mark Description Amendment Required” requirement is satisfied.

 

(2)   Applicant’s arguments against the Section 2(d) Refusal have been reviewed but are not persuasive as to registration number 3710816. After further review, the Section 2(d) Refusal as to registration number 5216042 is no longer necessary. Therefore, the “Section 2(d) Refusal – Likelihood of Confusion” refusal as to registration number 3710816 is maintained and made FINAL and the refusal as to registration number 5216042 is withdrawn.

 

(3)   Additionally, after further review, the Examining Attorney did not advise the applicant of the prior-filed application number 88133691 for a similar mark that if registered, could result in an additional refusal of the applicant’s mark due to a likelihood of confusion. The Examining Attorney apologizes for the delay in raising the issue. Therefore, the Suspension Notice below must issue until the prior pending application either registers or abandons.

 

(4)   Applicant did not provide any additional specimens. Therefore, the “Request for Additional Specimen Submissions” requirement is maintained and made FINAL.

 

SUSPENSION NOTICE:

 

The trademark examining attorney is suspending action on the application for the reason stated below.  See 37 C.F.R. §2.67; TMEP §§716 et seq. 

 

The effective filing date of the pending application identified below precedes the filing date of applicant’s application.  If the mark in the referenced application registers, applicant’s mark may be refused registration under Section 2(d) because of a likelihood of confusion with that registered mark.  See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq.  Therefore, action on this application is suspended until the earlier-filed referenced application is either registered or abandoned.  37 C.F.R. §2.83(c).  A copy of information relevant to this referenced application is attached.

 

            - Application Serial No. 88133691

 

REFUSAL & REQUIREMENT CONTINUED AND MAINTAINED:  

 

The following refusal and requirement are continued and maintained: “Section 2(d) Refusal – Likelihood of Confusion” and “Request for Additional Specimen Submissions.”

 

NO RESPONSE REQUIRED:

 

The USPTO will periodically conduct a status check of the application to determine whether suspension remains appropriate, and the trademark examining attorney will issue as needed an inquiry letter to applicant regarding the status of the matter on which suspension is based.  TMEP §§716.04, 716.05.  Applicant will be notified when suspension is no longer appropriate.  See TMEP §716.04.

 

No response to this notice is necessary; however, if applicant wants to respond, applicant should use the “Response to Suspension Inquiry or Letter of Suspension” form online at http://teasroa.gov.uspto.report/rsi/rsi.

 

 

 

/Rebecca D. Coughlan/

Rebecca D. Coughlan

Examining Attorney

Law Office 113

(571)272-4975

rebecca.coughlan@uspto.gov

 

 

PERIODICALLY CHECK THE STATUS OF THE APPLICATION:  To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/.  Please keep a copy of the TSDR status screen.  If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199.  For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

 

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the Trademark Electronic Application System (TEAS) form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 4/29/2019 FOR U.S. APPLICATION SERIAL NO.88247714

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.gov.uspto.report/, enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.