To: | SMILEDIRECTCLUB, LLC (ipdocketing@foley.com) |
Subject: | U.S. Trademark Application Serial No. 88268889 - SMILE DIRECT CLUB - 116515-0121 |
Sent: | October 21, 2019 02:09:39 PM |
Sent As: | ecom128@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88268889
Mark: SMILE DIRECT CLUB
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Correspondence Address: |
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Applicant: SMILEDIRECTCLUB, LLC
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Reference/Docket No. 116515-0121
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: October 21, 2019
The application is suspended for the reason specified below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
The pending applications below have earlier filing dates or effective filing dates than applicant’s application. If a mark in the applications 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 applications below either registers or abandons. 37 C.F.R. §2.83(c). Information relevant to the applications below was sent previously. Of note, on September 12, 2019, the previously referenced U.S. Application No. 88222860 abandoned and is no longer a potential bar to the registration of the applicant’s mark.
- U.S. Application Serial Nos. 87105745 and 87295290
Refusal(s) and/or requirement(s) resolved and maintained and continued. The following refusal and requirement are withdrawn, obviated, and/or satisfied:
• Section 2(d) Refusal for likelihood of confusion with the marks in Registration Nos. 5324184 and 5707207.
• Identification and classification of services requirement.
See TMEP §713.02.
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.
/Jeffrey Oakes/
Jeffrey Oakes
Trademark Examining Attorney
U.S. Patent and Trademark Office
(571) 272-8653
Jeffrey.Oakes@uspto.gov