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:  January 23, 2020

 

In a previous Office Action dated June 12, 2019, the examining attorney required the following: Classification and Identification of Services, Significance of Letters in the Mark. Applicant’s attorney has been advised via email that a later-filed pending application with an earlier effective filing date has been received. As a result, suspension of this application pending disposition of said application is required.

 

When two or more applications contain marks that are conflicting such that there is a potential likelihood of confusion between the marks under Trademark Act Section 2(d), the mark in the application with the earliest effective filing date will have priority and proceed towards publication or registration, as appropriate, over the other applications.  See 37 C.F.R. §2.83(a); TMEP §1208.01. 

 

For most applications, the effective filing date is the date the application is filed with the USPTO.  See TMEP §§201, -.01, 1208.01(b).  However, an application claiming a priority filing date under Section 44(d) or 67 can have an effective filing date of up to six months earlier than the date the application is actually filed in the United States.  See 15 U.S.C. §§1126(d), 1141g; TMEP §§206.02, 1003.02, 1208.01(b).

 

In this case, U.S. Application Serial No. 79272403 has an effective filing date that precedes applicant’s effective filing date because of a claim of priority under Section 44(d) or 67.  

 

The application is suspended for the reason 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 is provided in this letter.

 

            - U.S. Application Serial No(s). 79272403

 

Refusal(s) and/or requirement(s) resolved and maintained and continued.  The following requirements are satisfied: 

 

            •  CLASSIFICATION AND IDENTIFICATION OF SERVICES

            •  SIGNIFICANCE OF LETTERS IN THE MARK

 

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. 

 

No response required.  Applicant may file a response, but is not required to do so. 

 

 

/Katie Foss/

Examining Attorney

Law Office 125

571-272-4067

katherine.foss@uspto.gov

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on January 23, 2020 for

U.S. Trademark Application Serial No. 88366581

 

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. 

 

Katie Foss

/Katie Foss/

Examining Attorney

Law Office 125

571-272-4067

katherine.foss@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.”