To: | Voltitude SA (IPDocket@foxrothschild.com) |
Subject: | U.S. Trademark Application Serial No. 88295162 - TOURBILLON - N/A |
Sent: | November 08, 2019 11:27:15 AM |
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. 88295162
Mark: TOURBILLON
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Correspondence Address: |
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Applicant: Voltitude SA
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Reference/Docket No. N/A
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: November 08, 2019
Introduction. This Suspension Notice is in response to applicant’s communication filed on October 18, 2019.
In a previous Office action dated April 23, 2019, the trademark examining attorney refused registration of the applied-for mark based Trademark Act Section 2(d) for a likelihood of confusion with a registered mark. Applicant was also advised concerning a potential refusal under Section 2(d) in respect to a mark in a prior-filed application. In addition, applicant was required to satisfy the following requirements: amend the identification of goods and services, satisfy the multiple-class application requirement, clarify the applicant’s entity type, and provide a foreign certificate of registration.
Based on applicant’s response, the trademark examining attorney notes that the following requirements have been satisfied: the requirement to amend the identification of goods and services, and the requirement to clarify the applicant’s entity type. See TMEP §§713.02, 714.04.
The following refusal, potential refusal, and requirement have also been obviated: the Section 2(d) refusal, the potential refusal under Section 2(d), and the requirement to satisfy the multiple-class application requirements. See TMEP §§713.02, 714.04.
The application is suspended for the reason specified below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
Application 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.
/Joshua S. Toy/
Trademark Examining Attorney
Law Office 120
571-272-4856
joshua.toy@uspto.gov