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 29, 2020

 

Action on this application is SUSPENDED pending the disposition of all of the previously referenced potentially-conflicting pending application.  37 C.F.R. §2.83(c); TMEP §§716.02(c), 1208.02(c).

 

In a previous Office action dated July 9, 2019, the trademark examining attorney refused registration of the applied-for mark based on the following:  Trademark Act Section 2(d) for a likelihood of confusion with a registered mark, and Trademark Act Section 2(e)(1) for being merely descriptive of applicant’s goods.

 

Further, applicant was previously provided information regarding pending U.S. Application Serial Nos. 88040164, 88040184, and 88123167, 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.  In its January 7, 2020 response, applicant argued that the marks in the cited registrations and the pending applications are not likely to cause confusion with applicant’s mark.  Applicant also argued that the applied-for mark is not merely descriptive.

 

U.S. Application Serial Nos. 88040164 and 88040184 have since registered (U.S. Reg. Nos. 5904443 and 5904444, respectively).

 

The trademark examining attorney has found applicant’s arguments unpersuasive and still believes there may be a likelihood of confusion between applicant’s mark and the marks in both the cited registrations and the cited prior-pending application, should it register.  Thus, this application is suspended.

 

Refusals maintained and continued.  The following refusals are maintained and continued:    

 

•         Section 2(d) Refusal – Likelihood of Confusion

•         Section 2(e)(1) Refusal – Merely Descriptive

 

See TMEP §713.02.  These refusals 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. 

 

 

/Uka Onuoha/

Examining Attorney

Law Office 121

(571) 270-5781

uka.onuoha@uspto.gov

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on January 29, 2020 for

U.S. Trademark Application Serial No. 88398369

 

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. 

 

/Uka Onuoha/

Examining Attorney

Law Office 121

(571) 270-5781

uka.onuoha@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.”