Suspension Letter

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

SUSPENSION NOTICE

No Response Required

 

 

Issue date:  October 23, 2019

 

This Suspension Notice responds to applicant’s communication dated 10/02/2019 where applicant:

 

(1)   Provided arguments against the Section 2(d) Refusal;

 

(2)   Provided arguments against the Section 2(e)(1) Refusal;

 

(3)   Provided information about the mark and the goods; and

 

(4)   Provided an amended identification of goods and added class 42 to the application.

 

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

 

(1)   Upon further review, and in light of the amended identification of goods and services, it has been determined that the Section 2(d) Refusal is no longer necessary. Therefore, the Section 2(d) Refusal has been obviated.

 

(2)   Applicant’s arguments against the Section 2(e)(1) Refusal have been reviewed but are not persuasive. Applicant’s offered alternative meaning of the wording in the mark is still merely descriptive of the goods and services. Thus, the Section 2(e)(1) Refusal is maintained and continued.

 

(3)   Applicant’s provided information is accepted. Therefore, the Information requirement is satisfied.

 

(4)   Applicant’s amended identification of goods and added class have been accepted. Therefore, the Identification and Classification requirement as well as the Clarification of Classes requirement have been satisfied.

 

(5)  The prior pending application has neither registered nor abandoned. Therefore, this application will be suspended until the final disposition of the prior-filed application.

 

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. 87232603

 

Refusal and requirements resolved and maintained and continued.  The following refusal and requirements are satisfied or obviated: 

 

• Section 2(d) Refusal – Likelihood of Confusion - obviated
• Request for Information About the Mark and Goods – satisfied

• Identification and Classification of Goods Amendment Required – satisfied
• Clarification of the Number of Classes for Which Registration is Sought - satisfied

 

 

See TMEP §713.02.

 

The following requirement is maintained and continued: 

 

• Section 2(e)(1) Refusal – Merely Descriptive – maintained and continued

 

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. 

 

 

Rebecca Coughlan

/Rebecca D. Coughlan/

Trademark Examining Attorney, Law Office 113

Phone: 571-272-4975

Email: rebecca.coughlan@uspto.gov

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on October 23, 2019 for

U.S. Trademark Application Serial No. 88251978

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

Rebecca Coughlan

/Rebecca D. Coughlan/

Trademark Examining Attorney, Law Office 113

Phone: 571-272-4975

Email: rebecca.coughlan@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”