United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

SUSPENSION NOTICE

No Response Required

 

Issue date:  December 08, 2019

 

REVIEW AFTER RESPONSE

In consideration of Applicant’s Response to Office Action (“Response”), dated and filed November 14, 2019, the amended identification of goods in International Classes 20 and 21, and remarks regarding the refusal as to the proposed mark in relation to certain goods in International Class 21 contained therein, and the record hereof, the undersigned examining attorney has reviewed the above-referenced application, in accordance with sections 2.61, 2.63 and 2.67 of the Trademark Rules of Practice, 37 C.F.R. §§ 2.61, 2.63, 2.67 (2019), and has determined that the application cannot be advanced at this time, and is suspending action on the application, for the reason detailed in this communication.  See TMEP § 716.

REQUIREMENT SATISFIED

In its Response, Applicant satisfied the following requirement: 

I.          AMENDED DESCRIPTION OF GOODS IS ACCEPTABLE

The amended goods in International Class 20, provided in the Response, are acceptable, in accordance with 37 C.F.R. § 2.32(a)(6).

SUSPENSION—CONFLICTING MARKS

 

The application is suspended for the reason specified below.  See 37 C.F.R. § 2.67; TMEP § 716. 

 

The pending applications below have earlier filing dates or effective filing dates than that of Applicant’s application.  If at least one of the marks in the applications below registers, the USPTO may refuse registration of Applicant’s mark under Section 2(d) of the Trademark Act because of a likelihood of confusion with the registered mark. 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 applications register, abandon, or the potential likelihood of confusion is otherwise obviated.  37 C.F.R. § 2.83(c).  Information relevant to the applications below was sent previously.

 

            - U.S. Application Serial Nos. 87727886, 87727903

 

REFUSAL UNDER SECTION 2(e)(1) maintained and continued 

Registration is barred as to certain goods in International Class 21 as the proposed mark is merely descriptive of these goods.  See TMEP § 713.02.  In its Response, Applicant amended certain goods to clarify the nature of goods at issue.  However, given that the proposed mark may appear on these goods and their packaging, the amended listings do not obviate or overcome the descriptive nature of the proposed mark in relation to the goods.  This refusal will be made final once this application is removed from suspension, unless a new issue arises.  See TMEP §§ 714, 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. 

 

/Judy Helfman/

Judith M. Helfman

Attorney, Law Office 111

571/272-5892

judy.helfman@uspto.gov

 

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on December 08, 2019 for

U.S. Trademark Application Serial No. 88379380

 

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. 

 

/Judy Helfman/

Judith M. Helfman

Attorney, Law Office 111

571/272-5892

judy.helfman@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.”