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:  November 05, 2019

 

 

The application is suspended for the reason(s) specified below.  See 37 C.F.R. §2.67; TMEP §§716 et seq. 

 

The pending application(s) below has an earlier filing date or effective filing date than applicant’s application.  If the mark in the application(s) 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 was sent previously.

 

            - U.S. Application Serial No(s). 88172522 and 87848866

 

Refusal(s) and/or requirement(s) resolved and maintained and continued.  The following refusal(s) and/or requirement(s) is/are satisfied/obviated/withdrawn: 

 

 

See TMEP §713.02.

 

The following refusal is maintained and continued: 

 

            •  PARTIAL SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION

 

Applicant’s arguments have been considered but found unpersuasive. DR. ZODIAK'S MOONROCK and MOONROCK are confusingly similar and applicant has merely added wording to registrant’s unique and eye-catching mark. Applicant does not argue against this finding. Instead, applicant incorrectly states “The goods of the cited registration (MOONROCK, Reg. No. 5854177) are batteries and chargers specifically for cell phones.” A closer look at the actual wording in the registration reveals that this is not the case. Only the “battery charging equipment, namely, portable single-use and rechargeable battery packs for cellphones” are limited to cell phones. The other goods have no limitation whatsoever. Since registrant’s identification of goods are “batteries” with no limitation as to the type, the wording legally encompasses “electronic cigarette batteries”. The “battery chargers” are identical. A consumer encountering the mark DR. ZODIAK'S MOONROCK in connection with applicant’s batteries and chargers will incorrectly believe that the goods originate from the same source as registrant’s MOONROCK batteries and chargers.  As a result, because of the confusingly similar marks and closely related and potentially identical goods, registration is refused under Trademark Act Section 2(d). 

 

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. 

 

 

/Ms. Tasneem Hussain/

Trademark Examining Attorney

Law Office 118

tasneem.hussain@uspto.gov (preferred)

571.272.8273

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on November 05, 2019 for

U.S. Trademark Application Serial No. 88298626

 

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. 

 

/Ms. Tasneem Hussain/

Trademark Examining Attorney

Law Office 118

tasneem.hussain@uspto.gov (preferred)

571.272.8273

 

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.”