To: | Fasetto, Inc. (ipdocket@swlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88706114 - GRAVITY - 68956.05400 |
Sent: | August 31, 2020 10:59:52 AM |
Sent As: | ecom109@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88706114
Mark: GRAVITY
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Correspondence Address: |
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Applicant: Fasetto, Inc.
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Reference/Docket No. 68956.05400
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: August 31, 2020
The application is suspended for the reason specified below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
The pending application below has an earlier filing date or effective filing date than applicant’s application. If the mark in the application 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. 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 was sent previously.
- U.S. Application Serial No. 88696811
Requirement maintained and continued.
The following requirement is maintained and continued:
• Identification/Classification of Goods Services
See id.
Applicant argues that the wording “computer software and firmware” is definite. However, on 01-01-2019, this 01-02-1997 entry (“computer software” and “computer firmware”) was deleted in compliance with Nice 11-2019. Under Nice 11-2019, computer software must be specified as “downloadable” and/or “recorded” to clarify the nature of the goods. This wording is no longer acceptable. This entry has been replaced by two entries for downloadable and recorded formats of these goods, respectively, in Class 9.
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.
/Kathleen Lorenzo/
Kathleen Lorenzo
Trademark Examining Attorney
Law Office 109
Kathleen.Lorenzo@uspto.gov
571-272-5883