To: | Australian Gold, LLC (cjmeyer@uspatent.com) |
Subject: | U.S. Trademark Application Serial No. 88469996 - VARI BEAUTY - 8183-1823 |
Sent: | February 19, 2020 09:10:39 AM |
Sent As: | ecom105@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88469996
Mark: VARI BEAUTY
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Correspondence Address: Woodard, Emhardt, Henry, Reeves & Wagner |
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Applicant: Australian Gold, LLC
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Reference/Docket No. 8183-1823
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: February 19, 2020
Action on this application is SUSPENDED pending the disposition of the previously referenced potentially-conflicting pending application(s). 37 C.F.R. §2.83(c); TMEP §§716.02(c), 1208.02(c).
Applicant was previously provided information regarding pending U.S. Application Serial No(s). 88468423, which may present a bar to registration of applicant’s mark based on a likelihood of confusion under Trademark Act Section 2(d). See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. In response, applicant provided a consent agreement that is incomplete because it does not address arrangements undertaken by the parties to avoid confusing the public. See In re Mastic, 829 F.2d 1114, 1117-18, 4 USPQ2d 1292, 1295-96 (Fed. Cir. 1987); In re Permagrain Prods., Inc., 223 USPQ 147, 149 (TTAB 1984); TMEP §1207.01(d)(viii).
In addition, the trademark examining attorney has found applicant’s arguments against a likelihood of confusion with the cited registration unpersuasive at this time and still believes there may be a likelihood of confusion between applicant’s mark and the mark in the cited registration. Thus, this application is suspended until the pending application registers or abandons in order for the trademark examining attorney to fully evaluate the register.
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. 88468423
Refusal maintained and continued. The following refusal is maintained and continued:
See TMEP §713.02.
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.
/Elizabeth A. O'Brien/
Examining Attorney
Law Office 105
(571) 272-0046
Elizabeth.OBrien@uspto.gov