To: | Kabushiki Kaisha BANDAI NAMCO Entertainm ETC. (nptm@nixonpeabody.com) |
Subject: | U.S. Trademark Application Serial No. 88473322 - TALES OF ARISE - 052999100606 |
Sent: | April 06, 2020 05:18:32 PM |
Sent As: | ecom120@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88473322
Mark: TALES OF ARISE
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Correspondence Address: |
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Applicant: Kabushiki Kaisha BANDAI NAMCO Entertainm ETC.
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Reference/Docket No. 052999100606
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). 88457468
The examining attorney has not made a refusal under Section 2(d) as the issue is not ripe and therefore cannot make a determination whether the application may create a likelihood of confusion until maturation into a registration. The standard for suspension is merely an abuse of discretion standard and applicant has not cleared that standard as to why this mark would absolutely not create likelihood of confusion in regards to applicant’s mark.
However, the examining attorney has reviewed all of applicant’s arguments in good faith and does not see sufficient evidence that the term ARISE is weak, does not see sufficient arguments or persuasive authority to support the conclusion that the commercial impression of the two marks is substantially different, that any high degree of consumer care would be sufficient to obviate this likelihood of confusion, and that applicant’s mark being of a series is relevant to any sufficient degree.
Therefore the application is again suspended.
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.
/benjaminrosen/
Benjamin Rosen
Examining Attorney
Law Office 120
(571) 272-8425
benjamin.rosen@uspto.gov