To: | SPYKE TECHNOLOGY Sp. z o.o. (jan.tamulewicz@kattenlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88463058 - SPYKE - 392867/00002 |
Sent: | February 18, 2020 10:47:55 AM |
Sent As: | ecom117@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88463058
Mark: SPYKE
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Correspondence Address: |
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Applicant: SPYKE TECHNOLOGY Sp. z o.o.
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Reference/Docket No. 392867/00002
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: February 18, 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). 88289880 and 79228160
Refusal(s) and/or requirement(s) resolved:
Applicant satisfactorily addressed the request for information.
Applicant satisfied the requirement that the identification of goods be clarified and satisfied the multiple class requirements.
See TMEP §713.02.
Refusal(s) and/or requirement(s) maintained and continued:
The Section 2(d) refusal based on a likelihood of confusion with U.S. Registration No. 4739414 is maintained and continued. Applicant’s arguments against the Section 2(d) refusal were carefully considered but not found to be persuasive.
Applicant did not address the fact that the identification of goods in the U.S. application unacceptably exceeds the scope of the identification of goods in the foreign registration. The requirement that the identification of goods list only goods that are within the scope of the identification of goods in the foreign registration is maintained and continued.
For applicant’s convenience, applicant is advised that the following amended identification of goods would not exceed the scope of the foreign registration, and would thus be acceptable:
International Class 18: Leather and imitations of leather;
goods made of leather and imitation leather, namely, animal skins, hides; travelling trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery; leather and imitation leather Backpacks; Net bags for shopping; leather and imitation leather Bags for sports;
leather and imitation leather Beach bags; leather and imitation leather Briefcases; leather and imitation leather Credit card cases
and business card cases; Chain mesh purses; Clothing for pets; leather and
imitation leather Collars for animals; Umbrella covers; Covers for animals; leather and imitation leather Dog collars; Handbag frames; Frames for umbrellas or
parasols; leather and imitation leather Hunters' game bags; Handbag frames; leather and imitation
leather Handbags; leather and imitation leather Suitcase handles; leather and imitation leather Walking stick handles; Haversacks, namely, small
travelling bags; Horse blankets; Horseshoes; Slings for
carrying infants; Knee-pads for horses; Music cases; leather Muzzles; Net
bags for shopping; Nose bags in the nature of feed bags for animals; Pet clothing;
leather and imitation leather Pocket wallets; leather and imitation leather Purses; Umbrella or parasol
ribs; leather and imitation leather Rucksacks; leather and imitation School satchels; leather and imitation leather
School bags; leather School satchels; Reusable shopping bags; leather Straps for carrying cases;
Sling bags for carrying infants; Slings for carrying infants; Soldiers' equipment in the nature of leather straps for
carryalls and leather straps for holdalls; leather Sports bags; leather Suitcase handles; Umbrella covers; Umbrella handles; Umbrella rings; Umbrella sticks; Vanity cases, not fitted; leather
Walking cane handles; leather Walking stick handles; leather Walking stick seats; leather Pocket wallets; Wheeled shopping bags; leather Animal game bags
International Class 25: [no further change required]
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.
/Miah Rosenberg LaMont/
Examining Attorney
Law Office 117
(571) 272-6170
miah.lamont@uspto.gov