To: | Aesthetic Management Partners, Inc. (ssentilles@walkcook.com) |
Subject: | U.S. Trademark Application Serial No. 88249037 - ROMEO - AMP-2 |
Sent: | October 23, 2019 04:54:52 PM |
Sent As: | ecom127@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88249037
Mark: ROMEO
|
|
Correspondence Address: |
|
Applicant: Aesthetic Management Partners, Inc.
|
|
Reference/Docket No. AMP-2
Correspondence Email Address: |
|
SUSPENSION NOTICE
No Response Required
INTRODUCTION
This Office action is in response to applicant’s communication filed on September 25, 2019.
The application is suspended for the reasons 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(s) below either registers or abandons. 37 C.F.R. §2.83(c). Information relevant to the application below is provided in this letter.
- U.S. Application Serial No. 79229957
Application suspended until disposition of cited registration. Additionally, registration maintenance documents are or were due to be filed for the registration cited against applicant in a refusal based on Trademark Act Section 2(d) (Reg. No. 3680600). 15 U.S.C. §1052(d). If the maintenance documents are not timely filed and accepted by the USPTO, the cited registration 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 registration; 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).
Refusals maintained and continued.
The following refusals are maintained and continued:
· Section 2(d) Refusal- Likelihood of Confusion: in the previous Office action issued on March 25, 2019, the trademark examining attorney refused registration of the applied-for mark based Trademark Act Section 2(d) for a likelihood of confusion with registered marks. In applicant’s September 25, 2019, response, applicant provided arguments against the Section 2(d) refusals based on differences between the marks and an amendment to applicant’s identification of services. The trademark examining attorney finds these arguments unpersuasive. As such, the refusals are continued and maintained.
See id. 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.
/Dominic R. Pino III/
Dominic R. Pino III
Trademark Examining Attorney
Law Office 127
(571) 272-1611
dominic.pino@uspto.gov