To: | US VAOPTO, Inc. (michele.mayberry@nrviplaw.com) |
Subject: | U.S. Trademark Application Serial No. 88307253 - SAM - OPTOTMSAM-US |
Sent: | November 21, 2019 03:11:36 PM |
Sent As: | ecom121@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88307253
Mark: SAM
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Correspondence Address: |
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Applicant: US VAOPTO, Inc.
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Reference/Docket No. OPTOTMSAM-US
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: November 21, 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 is provided in this letter.
- U.S. Application Serial No(s). 87796881
Refusal(s) and/or requirement(s) maintained and continued.
The following refusal(s) and/or requirement(s) is/are maintained and continued:
• Trademark Act Section 2(d) Refusal
• Identification Amendment Required
The examining attorney has reviewed applicant’s arguments, but still feels confusion is likely. The examining attorney will fully address applicant’s arguments once action has been taken in the aforementioned prior-filed application. In addition, the following amendments are suggested for applicant’s identification:
International Class 011: LED lighting, namely, LED flex strip lighting for {specify if indoor or decorative purposes}, LED T8 light bulbs and lighting fixtures, LED panel light bulbs, LED outdoor lighting in the nature of {specify, e.g., paver lights, light bulbs}, LED lighting assemblies for illuminated signage and displays {need this clarification as LED signs are in Class 009}, LED tape lighting in the nature of {clarify this good, e.g., light bulbs}, LED hard strip lighting for {specify if indoor or decorative purposes}, LED tube light bulbs, LED lighting modules, LED die in the nature of {clarify this good}, LED light bulbs, LED ceiling lights, LED light bulbs {duplicate}, LED post top light bulbs, LED canopy light bulbs, LED spotlights, LED down light bulbs, LED shop light bulbs, LED flood lights, LED wall packs in the nature of {clarify this good}, LED shoe box lighting in the nature of {specify, e.g., LED light bulbs}, LED high bay light bulbs, LED light assemblies for street lights, LED growth light for plants, LED neon flex lighting in the nature of {specify goods}, LED array vapor lighting fixture, LED decorative vapor-tight lighting fixture, LED lighting retrofit kits comprised of {specify components of kit}, LED troffer in the nature of {clarify this good}, LED strip lighting for {specify if indoor or decorative purposes}, LED flip chip in the nature of {clarify this good}, LED waterproof flex strip lighting for {specify if indoor or decorative purposes}, LED waterproof hard strip lighting for {specify if indoor or decorative purposes}
See id. These refusal(s) and/or requirement(s) 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.
/Elle Marino/
Trademark Examining Attorney
Law Office 121
Phone: (571) 270-3699
E-mail: elle.marino@uspto