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 05, 2019

 

This Office action is in response to applicant’s communication filed on 09/25/19.

Applicant’s Response, Dated 09/25/19

 

·         The amendment of the identification of goods in Class 08 and services in Class 41 is accepted and made of record. Accordingly, the requirement that applicant amend the indefinite portion of the identification of goods and services is satisfied.

 

·         Applicant’s explanation that it believes the requirement the requirements set forth under “Foreign Applicant with U.S. Street Address & U.S. Licensed Attorney” have been waived by the Trademark Office is accepted and made of record. Accordingly, the requirement entitled “Foreign Applicant with U.S. Street Address & U.S. Licensed Attorney” is withdrawn.

 

·         In its response, applicant responded to the requirement entitled “Varietal Name Information Request”. Accordingly, this requirement has been satisfied.

 

·         In its response, applicant failed to submit the required disclaimer of the varietal names “FLAMINGO” and “ESTATE” for International Class 31 apart from the mark as shown. Accordingly, the examining attorney continues and maintains the disclaimer requirement herein.

 

·         In light of applicant’s deletion of “fresh fruits,” the Trademark Act Section 2(d) Likelihood of Confusion refusal with U.S. Registration No. 1637053 is withdrawn.

 

·         The examining attorney has carefully reviewed and considered applicant’s arguments and evidence in support thereof, against the Trademark Act Section 2(d) Likelihood of Confusion refusal with U.S. Registration No. 4964715 (Applies to Class 04 only) and is not persuaded. Accordingly, the examining attorney continues and maintains the Trademark Act Section 2(d) refusal with U.S. Registration No. 4964715 and reserves the right to fully address applicant’s arguments upon the final disposition of cited prior pending Application Serial No. 87568579.

 

·         Finally, the examining attorney has carefully reviewed and considered applicant’s arguments and evidence in support thereof, against the citation of prior pending Application Serial No. 87568579 as a potential bar to registration of the applied-for mark under Trademark Act Section 2(d) and is not persuaded. Accordingly, the examining attorney continues and maintains the citation of prior pending Application Serial No. 87568579 as a potential bar to registration of the applied-for mark under Trademark Act Section 2(d) and reserves the right to fully address applicant’s arguments upon the final disposition thereof.

 

Suspension

 

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

 

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

 

            - U.S. Application Serial No. 87568579

 

Refusal(s) and/or requirement(s) resolved and maintained and continued.  The following refusal(s) and/or requirement(s) is/are satisfied/obviated/withdrawn: 

 

•         Section 2(d) Likelihood of Confusion Refusal – Applies to Specific Class 31 Goods ONLY

•         Identification of Goods and Services is Indefinite – Applies to Specific Goods in   Class 08 and Class 41 ONLY

•         Varietal Name Information Request

•         Foreign Applicant with U.S. Street Address & U.S. Licensed Attorney

 

See TMEP §713.02.

 

The following refusal(s) and/or requirement(s) is/are maintained and continued: 

 

•         Section 2(d) Likelihood of Confusion Refusal – Applies to Class 04 ONLY

•         Disclaimer of Varietal Name – Applies to Class 31 ONLY

 

See id.  These refusal(s) and/or requirement(s) 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. 

 

 

/Brian P. Callaghan/

Trademark Examining Attorney

Law Office 108

Phone: (571) 272-4906

Email: brian.callaghan@uspto.gov

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on November 05, 2019 for

U.S. Trademark Application Serial No. 88437575

 

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. 

 

/Brian P. Callaghan/

Trademark Examining Attorney

Law Office 108

Phone: (571) 272-4906

Email: brian.callaghan@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.”