To: | SYNCHRONY BANK (mbenson@reedsmith.com) |
Subject: | U.S. Trademark Application Serial No. 88413916 - L LYFE A SYNCHRONY SOLUTION - 506350.02554 |
Sent: | February 14, 2020 10:06:55 AM |
Sent As: | ecom120@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88413916
Mark: L LYFE A SYNCHRONY SOLUTION
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Correspondence Address: |
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Applicant: SYNCHRONY BANK
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Reference/Docket No. 506350.02554
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: February 14, 2020
The Office received applicant’s communication filed on January 23, 2020. The drawing, identification, disclaimer, and mark description requirements are satisfied.
The Section 2(d) Refusal with respect to Registration Nos. 5191548, 5296650, and 5317372 is obviated by applicant’s assignment. However, the assignment indicates that applicant’s entity is a federal bank organized under the laws of the United States and the prior-filed applications are owned by a federal bank organized under the laws of Utah. Accordingly, the owners do not match and the confusion may be refused with respect to the prior-filed application listed below. In the previous Office action, applicant was also advised that registration may be refused with respect to Application No. 87304493, this application registered and is also owned by an entity formed in Utah. Registration may be refused when the prior-filed applications listed below register or abandon.
The application is suspended for the reason specified below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
The pending applications below have earlier filing dates or effective filing dates than applicant’s application. If a mark in the applications 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 applications below either register or abandon. 37 C.F.R. §2.83(c). Information relevant to the applications below was sent previously.
- U.S. Application Serial Nos. 87304505, 87304464, 87304541, 87304540, 87304525, 87304483, 87304474, and 87139560
ADVISORY: CLAIMING OWNERSHIP OF PRIOR-FILED APPLICATIONS
Applicant may provide evidence of ownership of the mark(s) by satisfying one of the following:
(1) Record the assignment with the USPTO’s Assignment Recordation Branch (ownership transfer documents such as assignments can be filed online at http://etas.uspto.gov) and promptly notify the trademark examining attorney that the assignment has been duly recorded.
(2) Submit copies of documents evidencing the chain of title.
(3) Submit the following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “Applicant is the owner of Application Serial No(s). 87304505, 87304464, 87304541, 87304540, 87304525, 87304483, 87304474, and 87139560.” To provide this statement using the Trademark Electronic Application System (TEAS), use the “Response to Office Action” form; answer “yes” to wizard questions #3 and #10; then, continuing on to the next portion of the form, in the “Additional Statement(s)” section, check the box for “Miscellaneous Statement” and write in the free form text field for the “Miscellaneous Statement” that “Applicant is the owner of Application Serial No(s). 87304505, 87304464, 87304541, 87304540, 87304525, 87304483, 87304474, and 87139560,” inserting the relevant application serial number(s); and follow the instructions within the form for signing. The form must be signed twice; a signature is required both in the “Declaration Signature” section and in the “Response Signature” section.
TMEP §812.01; see 15 U.S.C. §1060; 37 C.F.R. §§2.193(e)(1), 3.25, 3.73(a)-(b); TMEP §502.02(a).
Recording a document with the Assignment Recordation Branch does not constitute a response to an Office action. TMEP §503.01(d).
ADVISORY: CLAIMING OWNERSHIP OF REGISTRATION NO. 5967805
(1) Record the assignment with the USPTO’s Assignment Recordation Branch (ownership transfer documents such as assignments can be filed online at http://etas.uspto.gov) and promptly notify the trademark examining attorney that the assignment has been duly recorded.
(2) Submit copies of documents evidencing the chain of title.
(3) Submit the following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “Applicant is the owner of U.S. Registration No. 5967805.” To provide this statement using the Trademark Electronic Application System (TEAS), use the “Response to Office Action” form; answer “yes” to wizard questions #3 and #10; then, continuing on to the next portion of the form, in the “Additional Statement(s)” section, find “Active Prior Registration(s)” and insert the U.S. registration numbers in the data fields; and follow the instructions within the form for signing. The form must be signed twice; a signature is required both in the “Declaration Signature” section and in the “Response Signature” section.
TMEP §812.01; see 15 U.S.C. §1060; 37 C.F.R. §§2.193(e)(1), 3.25, 3.73(a)-(b); TMEP §502.02(a).
Recording a document with the Assignment Recordation Branch does not constitute a response to an Office action. TMEP §503.01(d).
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.
/Clare Cahill/
Clare Cahill
Examining Attorney
Law Office 120
571-272-5218
Clare.Cahill@uspto.gov