To: | Reimagine Inc. (IPDOCKETING@PBWT.COM) |
Subject: | U.S. Trademark Application Serial No. 88469966 - REIMAGINE - B4284-008 |
Sent: | March 23, 2020 08:27:37 PM |
Sent As: | ecom121@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88469966
Mark: REIMAGINE
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Correspondence Address: |
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Applicant: Reimagine Inc.
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Reference/Docket No. B4284-008
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: March 23, 2020
This Suspension Notice is in response to applicant’s March 4, 2020 communication in which applicant’s attorney requested the mark be placed in suspension pending the outcome of a Cancellation proceeding for one of the marks cited in the Office Action, REIMAGINE (Reg. No. 5135554).
The application is suspended for the reason(s) specified below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
Application suspended until legal proceeding(s) involving the applied-for mark is resolved. The legal proceeding(s) below involves (1) a registered mark that conflicts with applicant’s mark under Trademark Act Section 2(d), a mark in a pending application(s) that could conflict with applicant’s mark under Section 2(d) if it registers, and/or (3) the registrability of applicant’s mark. 15 U.S.C. §1052; see 37 C.F.R. §2.83; TMEP §§716.02(a), (c)-(d), 1208 et seq. Because the outcome of this proceeding(s) could directly affect whether applicant’s mark can register, action on this application is suspended until proceeding(s) is resolved. See 37 C.F.R. §2.67; TMEP §§716.02(a), (c)-(d).
- Cancellation No(s). 92073260
Refusals maintained and continued. The following refusal is maintained and continued.
See id. These refusals will be made final once this application is removed from suspension, unless a new issue arises. See TMEP §716.01.
It should also be noted that 88056212 has matured to registration and 88311689 has abandoned. As 88056212 was the subject of a Potential Section 2(d) Likelihood of Confusion issue, the Section 2(d) Refusal will be issued once the Cancellation Proceeding has been resolved one way or another. The examining attorney will normally not issue a refusal of registration until the remaining conflicting application(s) are registered or abandoned, in order to avoid issuing piecemeal refusals. TMEP §716.02(c). Here, there is a pending Cancellation. The examining attorney will not issue a refusal regarding the prior pending application until the outcome of the Cancellation is determined in order to avoid piecemeal examination of this 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.
Rosen, Amanda
/Amanda Rosen/
Examining Attorney
Law Office 121
(571) 270-5984
Amanda.Rosen@USPTO.gov