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 10, 2020

 

 

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(s). 88369552, 88369523, 88296377, 88095569, 88089959, 88090000, 88090375, 88090406, 87664779 [All as to Class 25 Only]

 

Refusal(s) and/or requirement(s) resolved and maintained and continued: 

 

Prior-Filed Pending Applications

 

The potential Section 2(d) refusals based on Serial Nos. 88340034 and 88061901 are withdrawn due to abandonment.

 

Serial No. 88354945 has since registered as Reg. No. 5879197. Upon resolution of all of the prior-filed pending applications, an additional Section 2(d) refusal based on likelihood of confusion with Reg. No. 5879197.

 

Section 2(d) Refusals

 

Upon due consideration of applicant’s arguments, the Section 2(d) refusals based on likelihood of confusion with U.S. Registration Nos. 5480708 (BRAIN JUICE), 5754370 (JUICE GOD), 5443069 (MOON JUICE), 5071968 (MOON JUICE), 5098953 (PIMP JUICE), 5187551 (OCEAN JUICE), 4733432 (“UMPH JUICE”), 4636954 (PSYCHO JUICE), 4626079 (JUICE LIFE), 3459234 (STUNT JUICE), 2979845 (LOCAL JUICE), 2846904 (OLIVE JUICE), 4834801 (JUICE MARKETING) and 4775732 (JUICE MARKETING) are maintained.

 

Though applicant amended its goods from Class 25 “athletic uniforms” to Class 25 “athletic apparel, namely, uniforms, with consumer designed or customized graphics and textures formed in a sublimation printed process,” this amendment does not overcome the Section 2(d) refusals because there is nothing in registrants’ goods preventing their clothing from being “printed with consumer designed or customized graphics and textures formed in a sublimation printed process.” In other words, the registrants’ clothing goods encompass all types of the identified clothing, custom or otherwise.

 

Similarly, there is nothing in the amendment to applicant’s Class 40 services that prevents them from being encompassed by registrants’ “custom imprinting of decorative designs, company names, logos, and slogans on promotional merchandise ....” As stated previously, this language encompasses all types of such services for all types of “promotional merchandise,” including applicant’s “sublimation printing services for athletic uniforms” whether internet-based or not – especially given that athletic uniforms very commonly feature the business name and/or brands of the sponsors of teams.

 

Amendment to Identification of Services Beyond Scope of Original Language

 

Applicant’s proposed amendment to the identification of services in Class 40 is not acceptable because it is beyond the scope of the original language. See 37 C.F.R. §§2.32(a)(6), 2.71(a); TMEP §§805, 1402.06 et seq., 1402.07.  Applicant’s goods may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.

 

Applicant’s Class 40 services were originally identified as “sublimation printing services for athletic uniforms”. Applicant’s proposed amendment to “internet-based sublimation consumer-selected graphic design and printing services for athletic apparel, namely, uniforms, jerseys, t-shirts and sportswear with consumer-customized graphics and textures” is beyond the scope of the original language in terms of “athletic apparel, namely, … jerseys, t-shirts, and sportswear” since those goods do not necessarily have to be in the form of athletic uniforms. However, the following amendment would be acceptably within the scope of the original language: “Internet-based sublimation consumer-selected graphic design and printing services for athletic uniforms with consumer-customized graphics and textures.”

 

 

Therefore, the original identification in the application, and any previously accepted amendments, remain operative for purposes of future amendment.  See 37 C.F.R. §2.71(a); TMEP §1402.07(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. 

 

 

/Parker Howard/

Examining Attorney

USPTO

Law Office 117

(571) 272-6548

Parker.Howard@uspto.gov

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on January 10, 2020 for

U.S. Trademark Application Serial No. 88448935

 

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. 

 

/Parker Howard/

Examining Attorney

USPTO

Law Office 117

(571) 272-6548

Parker.Howard@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.”