To: | WIZARD TOWER TECHNOSERVICES LTD. (kyri@tsircoulaw.com) |
Subject: | U.S. Trademark Application Serial No. 88328846 - MAGIC BLACK HOLE - NEX-00959 |
Sent: | November 26, 2019 11:20:38 AM |
Sent As: | ecom127@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88328846
Mark: MAGIC BLACK HOLE
|
|
Correspondence Address: |
|
Applicant: WIZARD TOWER TECHNOSERVICES LTD.
|
|
Reference/Docket No. NEX-00959
Correspondence Email Address: |
|
SUSPENSION NOTICE
No Response Required
Issue date: November 26, 2019
This letter is in response to applicant’s correspondence dated November 15, 2019. In the Office Action dated May 16, 2019, the examining attorney issued a refusal based on a section 2(d) Likelihood of confusion. The examining attorney also included requirements for entity clarification and an amended identification of goods, as well as a section 44(d) advisory. The requirements for entity clarification and an amended identification of goods are satisfied based on applicant’s October 17, 2019, response. However, the examining attorney maintains and continues the section 2(d) refusal. All arguments and evidence included in the May 16, 2019, Office Action are incorporated herein by reference.
The application is suspended for the reason specified below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
Application suspended until submission of foreign registration or proof that foreign registration was renewed. Applicant is required to provide a copy of a foreign registration from applicant’s country of origin; the foreign registration must be valid when the U.S. registration issues. 15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii)-(iii); TMEP §§1004, 1004.01(a). Action on the application is suspended until the USPTO receives a copy of such foreign registration or proof that the foreign registration was renewed. TMEP §§716.02(b), 1003.04. Applicant must also provide an English translation if the foreign registration or renewal document is not in English. 37 C.F.R. §2.34(a)(3)(ii)-(iii).
If the foreign application abandons or the foreign registration is not renewed, applicant should promptly notify the trademark examining attorney. See TMEP §§1003.08, 1004.01(a). In such case, applicant may amend the application to rely on another filing basis, if appropriate, and will retain the priority filing date, if applicable. TMEP §§1003.08, 1004.01(a).
Refusal maintained and continued. The following refusal is maintained and continued:
• Section 2(d) Refusal – Likelihood of Confusion
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.
/Carolyn R. Detmer/
Carolyn R. Detmer
Examining Attorney
Law Office 127
571-272-2722
carolyn.detmer1@uspto.gov