To: | Central National Gottesman Inc. (trademarks@mosessinger.com) |
Subject: | U.S. Trademark Application Serial No. 88357327 - EXPLORER - 003602-0199 |
Sent: | December 11, 2019 09:55:37 PM |
Sent As: | ecom115@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88357327
Mark: EXPLORER
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Correspondence Address: |
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Applicant: Central National Gottesman Inc.
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Reference/Docket No. 003602-0199
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: December 11, 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 was sent previously.
- U.S. Application Serial No(s). 88255285
The advisory as to the application in Serial No. 87027930 is withdrawn.
Refusal(s) and/or requirement(s) resolved and maintained and continued. The following requirements are obviated:
• Multiple-Class Application Requirements
See TMEP §713.02.
The following refusal and requirement is/are maintained and continued:
• Section 2(d) Refusal – Likelihood of Confusion
• Identification of Goods Requirement
See id. Applicant’s arguments have been given consideration and will be fully addressed following the disposition of the above referenced pending application.
IDENTIFICATION OF GOODS REQUIREMENT
The wording “poly-olefin shrink film for industrial purposes” in the identification of goods for International Class 17 must be clarified because it is still too broad and could include goods in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, this wording could encompass “poly-olefin shrink film for industrial wrapping and packaging purposes” in Class 16 and “poly-olefin shrink film for industrial packing purposes” in Class 17. Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted goods and/or services may not later be reinserted. See TMEP §1402.07(e).
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.
/Jim Hill/
James Hill
Examining Attorney
Law Office 115, USPTO
(571) 270-5682
james.hill@uspto.gov