To: | Mortgage Bankers Association (tmarzouk@mptechlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88421495 - M POWER - N/A |
Sent: | July 25, 2019 03:52:40 PM |
Sent As: | ecom113@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88421495
Mark: M POWER
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Correspondence Address: |
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Applicant: Mortgage Bankers Association
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Reference/Docket No. N/A
Correspondence Email Address: |
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EXAMINER’S AMENDMENT
Issue date: July 25, 2019
The referenced application has been reviewed by the assigned trademark examining attorney.
USPTO database searched; no conflicting marks found but prior pending application found. The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02. However, a mark in a prior-filed pending application may present a bar to registration of applicant’s mark.
The effective filing date of pending U.S. Application Serial No. 87809383 precedes applicant’s filing date. If the mark in the referenced application registers, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion between the two marks. See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, following issuance of this examiner’s amendment, action in this application will be suspended pending the disposition of the earlier-filed application
Application has been amended as shown below. As agreed to by Tobey Marzouk, applicant’s attorney, by phone on July 25, 2019, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections. TMEP §707. Otherwise, no response is required. Id. In addition, applicant is advised that amendments to the services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the services are not permitted. 37 C.F.R. §2.71(a).
Description
Color Claim: The colors light blue and white are claimed as a feature of the mark.
Description: The mark consists of a stylized white letter “M” followed to the right by a raised white dot that is followed to the right by the white stylized word “POWER.” The “M”, dot, and “POWER” appear on a light blue background. The color white outside of the letters and dot represents background, outlining, shading, and/or transparent area and is not part of the mark.
37 C.F.R. §2.52(b)(1); TMEP §807.07(a)(i), (a)(ii).
NO RESPONSE REQUIRED
After issuance of this examiner’s amendment, the examining attorney will suspend the application pending the resolution of U.S. Application Serial No. 87809383. If the applicant has any questions or needs further assistance, please telephone the assigned examining attorney. Further, please advise the undersigned immediately of any objections to this examiner’s amendment. Otherwise, no response is necessary.
/Hunter Bayliss/
Examining Attorney
Law Office 113
USPTO
571-272-6526
hunter.bayliss@USPTO.gov