To: | Altitude HQ Ltd (pat@pinonicholsonlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88310181 - ALTITUDE - N/A |
Sent: | July 22, 2019 06:09:15 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 22, 2019
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. 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.
Applicant is advised that the potential bar posed by Application Serial No. 87887767 would apply only to applicant’s class 41 services.
Outstanding Refusals and Requirements
As stated in the July 16, 2019 suspension letter, the Section 2(d) refusal in regards to Reg. No. 4861583 is continued and maintained for class 41 only. 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.
Applicant has satisfied the requirement for a definite identification of services. See TMEP §713.02.
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. Additionally, since the outstanding refusal and potential refusal apply to only one class, applicant may file a request to divide out the services that have not been refused registration, so that the mark may proceed toward publication for opposition in the class to which the refusal does not pertain. See 37 C.F.R. §2.87. See generally TMEP §§1110 et seq.
/Sara Anne Helmers/
Sara Helmers
Trademark Examining Attorney
Law Office 126
571-270-3639
Sara.Helmers@uspto.gov