To: | The Kessler Enterprise, Inc. (tmdocketing@wbd-us.com) |
Subject: | U.S. Trademark Application Serial No. 88451679 - RIVERSIDE BIERGARTEN - N/A |
Sent: | April 06, 2020 06:02:33 PM |
Sent As: | ecom124@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88451679
Mark: RIVERSIDE BIERGARTEN
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Correspondence Address: |
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Applicant: The Kessler Enterprise, Inc.
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Reference/Docket No. N/A
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: April 06, 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 is provided in this letter.
- U.S. Application Serial No(s). 5534771
Refusal(s) and/or requirement(s) resolved and maintained and continued. The following refusal(s) and/or requirement(s) is/are satisfied:
• Translation Required
• Information Request
See TMEP §713.02.
The following refusal(s) and/or requirement(s) is/are maintained and continued:
• Section 2(d) refusal based on likelihood of confusion with U.S. Registration No. 5534771
• Section 2(e)(1) refusal – merely descriptive
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.
Applicant argues against the section 2(d) refusal by identifying other marks, such as BOATHOUSE AT THE RIVERSIDE, which also use the term RIVERSIDE. However, given that all of the wording other than RIVERSIDE in applicant’s and registrant’s mark is descriptive, and even some of the descriptive wording (Biergarden and Pub) suggests related services, none of the marks identified by applicant are as close to the cited mark as applicant’s mark is.
Applicant argues against the 2(e)(1) refusal, again, by pointing to registrations which use this wording. However, applicant’s mark, RIVERSIDE BIERGARTEN identifies a riverside beer garden. The wording may not be descriptive when used with the registrations, but it is descriptive in the instant application.
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.
/Chris Reams/
Chris Reams
Examining Attorney
Law Office 124
571-272-7815
Christopher.reams@uspto.gov