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:  November 25, 2019

 

STATUS OF THE APPLICATION:

 

This Suspension Notice responds to applicant’s communication dated 11/05/2019 where applicant:

 

(1)   Provided an amended identification of goods; and

 

(2)   Requested suspension of the application until the final disposition of the prior-filed application.

 

The examining attorney has reviewed the applicant’s response and determined the following:

 

(1)   Applicant’s amended identification of goods has clarified the number of classes for which registration is sought. Therefore, the Clarification Requirement is satisfied. Applicant’s amended identification of goods remains unacceptable because applicant did not specify the format of the digital media. Applicant should also specify what the subject matter “musical entertainment” is for clarity. Therefore, the Identification of Goods Amendment Requirement is maintained and continued.

 

(2)   Applicant did not provide any arguments against the Section 2(d) Refusal. Therefore, the Section 2(d) Refusal is maintained and continued.

 

(3)    The prior-filed application has neither registered not abandoned. Therefore, this application will be suspending pending the final disposition of the prior-filed application.

 

SUSPENSION NOTICE:

 

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

 

The pending application below has an earlier filing date or effective filing date than applicant’s application.  If the mark in the application 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. 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 below either registers or abandons.  37 C.F.R. §2.83(c).  Information relevant to the application below was sent previously.

 

            - U.S. Application Serial No. 88239259

 

Refusal and requirements resolved and maintained and continued.  The following requirement is satisfied: 

 

            • Clarification of the Number of Classes for Which Registration is Sought Required

 

See TMEP §713.02.

 

The following refusal and requirement are maintained and continued: 

 

            • Section 2(d) Refusal – Likelihood of Confusion

            • Identification of Goods Amendment Required

 

See id.  This refusal and requirement 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. 

 

 

Rebecca Coughlan

/Rebecca D. Coughlan/

Trademark Examining Attorney, Law Office 113

Phone: 571-272-4975

Email: rebecca.coughlan@uspto.gov

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on November 25, 2019 for

U.S. Trademark Application Serial No. 88419273

 

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. 

 

Rebecca Coughlan

/Rebecca D. Coughlan/

Trademark Examining Attorney, Law Office 113

Phone: 571-272-4975

Email: rebecca.coughlan@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.”