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:  July 20, 2019

 

INTRODUCTION

 

This Office action is in response to applicant’s communication filed on May 24, 2019. In a previous Office action dated April 19, 2019, applicant was required to address the following refusal and requirements:  2(d) Partial Refusal based on a likelihood of confusion with the mark in U. S. Registration No. 4294833; a requirement to amend the identification of goods and services; and a requirement to provide a copy of applicant’s foreign registration. The trademark examining attorney also included an advisory that a prior pending application (Serial No. 88122387) may present a bar to registration. 

 

After further review, the 2(d) refusal and the previous prior pending application advisory are withdrawn.  The requirement that applicant amend the identification of goods and services is fulfilled and that requirement is withdrawn.  The requirement that applicant provide a copy of its foreign registration is maintained. 

 

 

Subsequent to the previous Office action, the Examiner identified another prior-pending application that may present a bar to registration of applicant’s mark.  The Examiner apologizes for any inconvenience that this may cause.

 

The application is also being suspended for the reasons specified below.  See 37 C.F.R. §2.67; TMEP §§716 et seq.  No response to this letter is required.  Applicant may file a response, but is not required to do so. 

 

 

SUMMARY OF ISSUES:

 

• Suspension

 

 

SUSPENSION

 

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(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 application(s) below either registers or abandons.  37 C.F.R. §2.83(c).  Information relevant to the application(s) below is provided in this letter.

 

            - U.S. Application Serial No(s). 85974629

 

Additionally, application is suspended until submission of foreign registration or proof that foreign registration was renewed.  Applicant is required to provide a copy of a foreign registration from applicant’s country of origin; the foreign registration must be valid when the U.S. registration issues.  15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii)-(iii); TMEP §§1004, 1004.01(a).  Action on the application is suspended until the USPTO receives a copy of such foreign registration or proof that the foreign registration was renewed.  TMEP §§716.02(b), 1003.04.  Applicant must also provide an English translation if the foreign registration or renewal document is not in English.  37 C.F.R. §2.34(a)(3)(ii)-(iii). 

 

If the foreign application abandons or the foreign registration is not renewed, applicant should promptly notify the trademark examining attorney.  See TMEP §§1003.08, 1004.01(a).  In such case, applicant may amend the application to rely on another filing basis, if appropriate, and will retain the priority filing date, if applicable.  TMEP §§1003.08, 1004.01(a).

 

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. 

 

 

/James Prizant/

Attorney Advisor / Trademarks

Law Office 128

(571)270-3068

James.Prizant@USPTO.gov

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on July 20, 2019 for

U.S. Trademark Application Serial No. 88273830

 

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. 

 

James Prizant

Attorney Advisor / Trademarks

Law Office 128

(571)270-3068

James.Prizant@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.”