To: | PEEPLY PRIVATE LIMITED (sweigler@emergecounsel.com) |
Subject: | U.S. Trademark Application Serial No. 88501544 - ATLAN - N/A |
Sent: | April 30, 2020 04:58:08 PM |
Sent As: | ecom128@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88501544
Mark: ATLAN
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Correspondence Address: |
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Applicant: PEEPLY PRIVATE LIMITED
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Reference/Docket No. N/A
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: April 30, 2020
The trademark examining attorney has reviewed applicant’s submissions filed on March 27, 2020, April 1, 2020, and April 27, 2020.
In a previous Office action dated October 1, 2019, the trademark examining attorney refused registration of the applied-for mark based on the Trademark Act Section 2(d) (citing U.S. Reg. Nos. 4661418, 5312022 and 2283202). In addition, applicant was informed of a mark in a prior filed pending application (U.S. Application Serial No. 79248865) that may present a likelihood of confusion.
Based on applicant’s communication of April 1, 2020, amendments to the identification of goods, and reconsideration of the record, the refusal(s) under the Trademark Act Section 2(d) (citing U.S. Reg. Nos. 4661418, 5312022 and 2283202) have been obviated. See TMEP §§713.02, 714.04. In addition, as a result of the abandonment of U.S. Application Serial No. 79248865, the potential conflict with the mark in said application has also been obviated. Id.
Finally, the trademark examining attorney notes that the applicant’s communication filed on March 13, 2020, indicates that “the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration”. Accordingly, the application is suspended for the reason(s) specified below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
Application suspended until submission of foreign registration or proof that foreign registration was renewed. Applicant is required to provide a copy of a foreign registration from applicant’s country of origin; the foreign registration must be valid when the U.S. registration issues. 15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii)-(iii); TMEP §§1004, 1004.01(a). Action on the application is suspended until the USPTO receives a copy of such foreign registration or proof that the foreign registration was renewed. TMEP §§716.02(b), 1003.04. Applicant must also provide an English translation if the foreign registration or renewal document is not in English. 37 C.F.R. §2.34(a)(3)(ii)-(iii).
If the foreign application abandons or the foreign registration is not renewed, applicant should promptly notify the trademark examining attorney. See TMEP §§1003.08, 1004.01(a). In such case, applicant may amend the application to rely on another filing basis, if appropriate, and will retain the priority filing date, if applicable. TMEP §§1003.08, 1004.01(a).
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.
Shinn, Lauren
/Lauren D. Shinn/
Trademark Examining Attorney
Law Office 128
(571) 270-5230
Lauren.Shinn@USPTO.gov