To: | Estrada Mangual Daisy (gravitystores@yahoo.com) |
Subject: | U.S. Trademark Application Serial No. 88306860 - GRAVITY - N/A |
Sent: | October 16, 2019 02:15:40 PM |
Sent As: | ecom126@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88306860
Mark: GRAVITY
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Correspondence Address: |
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Applicant: Estrada Mangual Daisy
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Reference/Docket No. N/A
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: October 16, 2019
The application is suspended for the reason specified below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
Prior-Filed Application
Action on this application is SUSPENDED pending the disposition of the previously referenced potentially-conflicting pending application. 37 C.F.R. §2.83(c); TMEP §§716.02(c), 1208.02(c).
Applicant was previously provided information regarding pending U.S. Application Serial No. 88202298, which may present a bar to registration of applicant’s mark based on a likelihood of confusion under Trademark Act Section 2(d). See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. The trademark examining attorney still believes there may be a likelihood of confusion between applicant’s mark and the mark in the cited prior-pending application, should they register. Thus, this application is suspended.
Refusal Continued and Maintained
Applicant’s arguments concerning the Section 2(d) refusal have been considered and found unpersuasive because the existence of a small number of registered marks is not sufficient to show that the word “gravity” is diluted for the relevant goods. See In re i.am.symbolic, llc, 866 F.3d 1315, 1328-29, 123 USPQ2d 1744, 1751-52 (Fed. Cir. 2017); AMF Inc. v. Am. Leisure Products, Inc., 474 F.2d 1403, 1406, 177 USPQ 268, 269 (C.C.P.A. 1973). Therefore the Section 2(d) refusal is continued and maintained. See TMEP §713.02.
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.
Applicant may file a response, but is not required to do so.
/Sara Anne Helmers/
Sara Helmers
Trademark Examining Attorney
Law Office 126
571-270-3639
Sara.Helmers@uspto.gov