Suspension Letter

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

SUSPENSION NOTICE

No Response Required

 

 

Issue date:  March 24, 2020

 

 

The application is suspended for the reason(s) specified below.  See 37 C.F.R. §2.67; TMEP §§716 et seq. 

 

This application was previously suspended pending the disposition of a prior filed application. That application is still pending. However, a recently filed application has an earlier effective filing date that applicant’s mark, and therefore may present a likelihood of confusion refusal if it registers.

 

When two or more applications contain marks that are conflicting such that there is a potential likelihood of confusion between the marks under Trademark Act Section 2(d), the mark in the application with the earliest effective filing date will have priority and proceed towards publication or registration, as appropriate, over the other applications.  See 37 C.F.R. §2.83(a); TMEP §1208.01. 

 

For applications based on Section 1, the effective filing date is the date the application is filed with the USPTO.  See TMEP §§201, -.01, 1208.01(b).  However, for applications claiming a “priority” filing date under Section 44(d) or 67, the effective filing date can be up to six months earlier than the date the application is filed in the United States.  See 15 U.S.C. §§1126(d), 1141g; TMEP §§206.02, 1003.02, 1208.01(b).

 

In this case, U.S. Application Serial No. 79279533 has an effective filing date that precedes applicant’s effective filing date because of a claim of priority under Section 44(d) or 67.  Accordingly, if the mark in the application(s) Serial No(s). 79279533 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 is provided in this letter.

 

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. 

 

 

Bechhofer, Yocheved

/Yocheved Bechhofer/

Examining Attorney

Law Office 114

571-272-9329

Yocheved.Bechhofer@uspto.gov

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on March 24, 2020 for

U.S. Trademark Application Serial No. 88480816

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

Bechhofer, Yocheved

/Yocheved Bechhofer/

Examining Attorney

Law Office 114

571-272-9329

Yocheved.Bechhofer@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”