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 04, 2019

 

The Office has reassigned this application to the undersigned trademark examining attorney.

 

This Office Action is in response to applicant’s Response to Office Action, dated September 22, 2019.

 

In the previous Office Action, dated April 1, 2019, the examining attorney:

 

·       Refused registration pursuant to Section 2(d) of the Trademark Act due to a Likelihood of Confusion with the marks in U.S. Registration Nos. 5318883, 5222349, 5482664, 5664476, and 5488164.

 

In the Response, applicant:

 

·       Amended the Identification and provided arguments against the Section 2(d) Refusal.

 

The examining attorney has reviewed the Response and has determined the following:

 

·       Upon further review, there is a potential Likelihood of Confusion with the mark in U.S. Application Serial No. 87305134.  The application is suspended pending disposition of this application.  The examining attorney apologizes for the delay in raising this issue.

• The Section 2(d) Refusal is withdrawn as to U.S. Registration Nos. 5222349, 5482664, 5664476, and 5488164. See TMEP §713.02.

·       The Section 2(d) Refusal is maintained and continued as to U.S. Registration No. 5318883.

 

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

 

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

 

            - U.S. Application Serial No. 87305134

 

Refusal maintained and continued:

 

The following refusal is maintained and continued: 

 

            •  Section 2(d) Refusal with respect to U.S. Registration No. 5318883

 

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. 

 

 

/Alison Keeley/

Examining Attorney

Law Office 113

(571) 272-4514

Alison.Keeley@uspto.gov

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on November 04, 2019 for

U.S. Trademark Application Serial No. 88309360

 

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. 

 

/Alison Keeley/

Examining Attorney

Law Office 113

(571) 272-4514

Alison.Keeley@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.”