To: | Samour Manzur, Rolando Alex (mail@marcas-estadosunidos.com) |
Subject: | U.S. Trademark Application Serial No. 88254855 - REVIVA - N/A |
Sent: | February 12, 2020 01:04:57 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. 88254855
Mark: REVIVA
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Correspondence Address: |
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Applicant: Samour Manzur, Rolando Alex
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Reference/Docket No. N/A
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: February 12, 2020
The Office received applicant’s communication filed on January 7, 2020.
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. 87821638
REFUSALS AND/OR REQUIREMENTS RESOLVED AND MAINTAINED AND CONTINUED
The following requirement is satisfied:
· English Translation Requirement
See TMEP §713.02.
The following refusal is maintained and continued:
· Section 2(d) Refusal – Likelihood of Confusion
See id. These refusal will be made final once this application is removed from suspension, unless a new issue arises. See TMEP §716.01.
In the response, applicant argued that confusion is unlikely because applicant owns a prior registration. However, the application in the present application is more similar to the cited registrations because the registered marks wholly incorporate the applied-for mark and the only other term in the registered marks is descriptive and disclaimed. Accordingly, consumers are likely to be confused as to the source of the goods produced under the marks REVIVA and REVIVA LABS.
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.
/Clare Cahill/
Clare Cahill
Examining Attorney
Law Office 120
571-272-5218
Clare.Cahill@uspto.gov