Suspension Letter

ACCELERATE

Reliance Partners, LLC

U.S. Trademark Application Serial No. 88483301 - ACCELERATE - 531191

To: Reliance Partners, LLC (ipatl@alston.com)
Subject: U.S. Trademark Application Serial No. 88483301 - ACCELERATE - 531191
Sent: November 21, 2019 12:54:17 PM
Sent As: ecom124@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

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

 

U.S. Application Serial No. 88483301

 

Mark:  ACCELERATE

 

 

 

 

Correspondence Address: 

      Holly H. Saporito

      ALSTON & BIRD

      1201 WEST PEACHTREE STREET

      ATLANTA GA 30309

      

 

 

 

 

Applicant:  Reliance Partners, LLC

 

 

 

Reference/Docket No. 531191

 

Correspondence Email Address: 

      ipatl@alston.com

 

 

 

SUSPENSION NOTICE

No Response Required

 

 

Issue date:  November 21, 2019

 

 

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

 

Application suspended until disposition of cited registration(s).  Registration maintenance documents are or were due to be filed for the registration(s) cited against applicant in a refusal based on Trademark Act Section 2(d).  15 U.S.C. §1052(d).  If the maintenance documents are not timely filed and accepted by the USPTO, the cited registration(s) will cancel and/or expire and will no longer bar registration of applicant’s mark under Section 2(d).  See 15 U.S.C. §§1058, 1059, 1141k.  Action on this application is suspended for six months to await disposition of the cited registration(s); after which, the trademark examining attorney will determine whether to maintain or withdraw the Section 2(d) refusal.  See 37 C.F.R. §2.67; TMEP §716.02(e). 

 

Refusal and requirement resolved and maintained and continued.  The following requirement is satisfied: 

 

             Identification of Services Requirement

 

See TMEP §713.02.

 

The following refusal is maintained and continued: 

 

             Section 2(d) Refusal – Likelihood of Confusion

 

See id.  These refusal will be made final once this application is removed from suspension, unless a new issue arises.  See TMEP §716.01.

 

The examining attorney was not persuaded by applicant’s arguments against refusal at this time. Although the wording may be weak it remains distinctive wording and the applicant mark appears nearly identical to the registered marks, and they are each phonetically equivalent. Additionally, the services are highly related and the registrant’s do not specify the channels of trade and as such are broader than those in the application.

 

Lastly, the fact that purchasers are sophisticated or knowledgeable in a particular field does not necessarily mean that they are sophisticated or knowledgeable in the field of trademarks or immune from source confusion.  TMEP §1207.01(d)(vii); see, e.g., Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d. 1317, 1325, 110 USPQ2d 1157, 1163-64 (Fed. Cir. 2014); Top Tobacco LP v. N. Atl. Operating Co., 101 USPQ2d 1163, 1170 (TTAB 2011).  Further, where the purchasers consist of both professionals and the public, the standard of care for purchasing the goods is that of the least sophisticated potential purchaser.  In re FCA US LLC, 126 USPQ2d 1214, 1222 (TTAB 2018) (citing Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d. at 1325, 110 USPQ2d at 1163).

 

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. 

 

 

/Alexandra El-Bayeh/

Trademark Examining Attorney

Law Office 124

(571) 270-5911

alexandra.el-bayeh@uspto.gov

 

 

 

 

U.S. Trademark Application Serial No. 88483301 - ACCELERATE - 531191

To: Reliance Partners, LLC (ipatl@alston.com)
Subject: U.S. Trademark Application Serial No. 88483301 - ACCELERATE - 531191
Sent: November 21, 2019 12:54:17 PM
Sent As: ecom124@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on November 21, 2019 for

U.S. Trademark Application Serial No. 88483301

 

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. 

 

/Alexandra El-Bayeh/

Trademark Examining Attorney

Law Office 124

(571) 270-5911

alexandra.el-bayeh@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.”

 

 


uspto.report is an independent third-party trademark research tool that is not affiliated, endorsed, or sponsored by the United States Patent and Trademark Office (USPTO) or any other governmental organization. The information provided by uspto.report is based on publicly available data at the time of writing and is intended for informational purposes only.

While we strive to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, reliability, or suitability of the information displayed on this site. The use of this site is at your own risk. Any reliance you place on such information is therefore strictly at your own risk.

All official trademark data, including owner information, should be verified by visiting the official USPTO website at www.uspto.gov. This site is not intended to replace professional legal advice and should not be used as a substitute for consulting with a legal professional who is knowledgeable about trademark law.

© 2024 USPTO.report | Privacy Policy | Resources | RSS Feed of Trademarks | Trademark Filings Twitter Feed