NOTE TO THE FILE
SERIAL NUMBER: 88471806
DATE: 09/17/2019
NAME: aroach
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From: Roach, April
Sent: Tuesday, September 17, 2019 4:51 PM
To: 'cal@milosport.com' <cal@milosport.com>
Subject: RE: U.S. Application Serial No. 88471806
Mr. Egbert,
Your application was suspended because there is an earlier filed application for a similar mark. There is an explanation about this in the Suspension Notice. If you wish to present arguments, you can do so in a response filed via the TEAS system. You would need to hire your own attorney to advise you regarding your rights and any protest or cancellation proceedings.
April Roach
Trademark Examining Attorney
United States Patent and Trademark Office
Law Office 115
(571) 272-1092
From: cal@milosport.com <cal@milosport.com>
Sent: Monday, September 16, 2019 5:48 PM
To: Roach, April <april.roach@USPTO.GOV>
Subject: U.S. Application Serial No. 88471806
Hi April
Calvin Egbert from Milosport. I just received an email about a suspension to my application due to someone else filing for a trademark prior to my filing. Below is more info on our situation;
Here is the number
U.S. Application Serial No. 88471806
Mark: MILO
As you can see from my application, I have been using the mark for over 20 years, and was denied an initial application back in the late 1990's because someone owned the mark 'milos'.
Now that the "milos" mark has been cancelled, I wanted to get it all secured. When I proceeded, I noticed that another entity had applied for the mark " milo' " with an apostrophe. At that time, I initiated a protest to their trademark application. I assume this is the proper prodecure.
I think I emailed you about this already.
Anyway, we went forward with the process and indicated our intent to trademark, along with evidence that we have been using the "milo" mark since 1996 (really since 1984, but can prove 1996-1997), much longer that the milo' mark has been used.
Can you tell me why my application has been cancelled?Also can you tell me if my protest to the " milo' " mark has also been cancelled? I have not seen any more info from USPTO.
Let me know if you need more info from me or what I should do next, or if you need more info about the protest etc.
Thanks much. Look forward to securing this trademark!
Cal
--.CALSent from somewhere very coolMilosport.