To: | Altitude HQ Ltd (pat@pinonicholsonlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88310181 - ALTITUDE - N/A |
Sent: | July 16, 2019 12:22:59 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. 88310181
Mark: ALTITUDE
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Correspondence Address: |
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Applicant: Altitude HQ Ltd
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Reference/Docket No. N/A
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: July 16, 2019
Prior-Filed Application
Applicant was previously provided information regarding pending U.S. Application Serial No. 87887767, 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.Although applicant’s amended identification has overcome any potential confusion with the majority of the previously referenced potentially-conflicting applications, the trademark examining attorney still believes there may be a likelihood of confusion between applicant’s mark and the mark in Application Serial No. 87887767, should they register. Thus, this application is suspended.
Outstanding Refusals and Requirements
Although applicant’s amended identification has overcome the majority of the Section 2(d) refusal, the use of the applied-for mark with the identified “Personal training services in pole and aerial arts fitness” in class 41 continues to present a likelihood of confusion with the mark in Reg. No. 4861583. Therefore the Section 2(d) refusal is continued and maintained with respect to these services and this registration only. See TMEP §713.02.
Applicant’s amended identification in class 41 is acceptable. However, the identification of “Retail store sales and services of pole and aerial fitness equipment and accessories” in class 35 remains indefinite and overly broad. Therefore the requirements that applicant provide a definite identification of services and satisfy the multiple-class application requirements are continued and maintained. 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.
Applicant may file a response, but is not required to do so.
/Sara Anne Helmers/
Trademark Examining Attorney
Law Office 126
(571) 270-3639
sara.helmers@uspto.gov