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:  February 16, 2021

 

STATUS OF THE APPLICATION:

 

This Suspension Notice responds to applicant’s communications dated 09/03/2020 and 10/14/2020 where applicant:

 

(1)   Provided an amended identification of goods;

 

(2)   Provided the application signature date;

 

(3)   Provided the attorney Bar information; and

 

(4)   Provided the required additional information.

 

The examining attorney has reviewed the applicant’s response and determined the following:

 

(1)   Applicant’s provided amended identification of goods is accepted. Therefore, the Identification of Goods Amendment Requirement is satisfied.

 

(2)   Applicant’s provided application signature date is accepted. Therefore, the Application Signature Date Requirement is satisfied.

 

(3)   Applicant’s provided attorney Bar information is accepted. Therefore, the Attorney Bar Information Requirement is satisfied.

 

(4)   Applicant’s provided additional information is accepted. Therefore, the Additional Information Requirement is satisfied.

 

(5)   Applicant’s amended identification of goods in International Class 005 remains broad enough to include goods that contain CBD. Therefore, the FDCA Refusal is maintained and continued. If none of applicant’s goods in Class 005 contain or will contain hemp or CBD, applicant may add the following language to the identification to obviate the refusal:

 

IC 005: Medicated cosmetics; medicated skin soap; medicated skin care preparations; medicated skin cleansing preparations; medicated lip care preparations; medicated acne treatment preparations; medicated nail care preparations; medicated hair care preparations; acne treatment preparations; none of the foregoing containing ingredients derived from the cannabis sativa L plant, its extracts or derivatives, and none of the foregoing containing CBD

 

(6)    Prior-filed application nos. 86880126, 87880669, and 88502672 have abandoned. Prior-filed application no 88433172 has registered. However, the remaining prior-filed applications have neither registered nor abandoned. Therefore, this application must be suspended pending the final disposition of the prior-filed applications.

 

SUSPENSION NOTICE:

 

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

 

The pending applications below have earlier filing dates or effective filing dates than applicant’s application.  If the marks in the applications below register, the USPTO may refuse registration of applicant’s mark under Section 2(d) because of a likelihood of confusion with the registered marks.  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 applications below either register or abandon.  37 C.F.R. §2.83(c).  Information relevant to the application below was sent previously.

 

            - U.S. Application Serial Nos. 88007108, 88007095, 88007118, and 88007115

 

Refusal and requirements resolved and maintained and continued.  The following requirements are satisfied: 

 

·         Identification of Goods Amendment Required

·         Application Signature Date Required

·         Additional Information Required

·         Attorney Bar Information Required

 

See TMEP §713.02.

 

The following refusal is maintained and continued: 

 

·         FDCA Refusal – No Bona Fide Intent to Lawfully Use in Commerce as of Filing Date – IC 005

 

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

 

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. 

 

 

/Rebecca D. Coughlan/

Trademark Examining Attorney

Law Office 113

Phone: 571-272-4975

Email: rebecca.coughlan@uspto.gov

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on February 16, 2021 for

U.S. Trademark Application Serial No. 88515229

 

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. 

 

/Rebecca D. Coughlan/

Trademark Examining Attorney

Law Office 113

Phone: 571-272-4975

Email: rebecca.coughlan@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.”