To: | Shanghai United Imaging Healthcare Co., ETC. (twang@nilawfirm.com) |
Subject: | U.S. Trademark Application Serial No. 88713485 - DELTA - ACIP0812 |
Sent: | May 23, 2020 04:17:50 PM |
Sent As: | ecom110@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88713485
Mark: DELTA
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Correspondence Address: 8140 WALNUT HILL LANE, SUITE 500
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Applicant: Shanghai United Imaging Healthcare Co., ETC.
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Reference/Docket No. ACIP0812
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: May 23, 2020
This Office action is supplemental to and supersedes the previous Office action issued on March 5, 2020 in connection with this application. The assigned trademark examining attorney inadvertently omitted a potential refusal of registration relevant to the mark in the subject application. See TMEP §§706, 711.02.
The trademark examining attorney apologizes for any inconvenience caused by the delay in raising this issue(s).
Applicant must address all issue(s) raised in this Office action, in addition to the issues raised in the Office action dated March 5, 2020. The issue(s) raised in the previous March 5, 2020 Office action is/are as follow and is/are maintained: the Section 2(d) likelihood of confusion refusal and the prior pending application.
The following is a SUMMARY OF ISSUES that applicant must address:
• NEW ISSUE: Prior Pending Application 79285609
• Likelihood of Confusion
• Prior Pending Application
Applicant must respond to all issues raised in this Office action and the previous March 5, 2020 Office action, within six (6) months of the date of issuance of this Office action. 37 C.F.R. §2.62(a); see TMEP §711.02. If applicant does not respond within this time limit, the application will be abandoned. 37 C.F.R. §2.65(a).
PRIOR PENDING APPLICATION
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
LIKELIHOOD OF CONFUSION
The refusals to register based on a likelihood of confusion with U.S. Registration Numbers 5365191 and 2637818 are continued.
PRIOR PENDING APPLICATION
Prior pending U.S. Application Serial Number 88-631652 remains a possible bar to registration.
How to respond. Click to file a response to this nonfinal Office action.
/Shaunia Carlyle/
Examining Attorney
Law Office 110
United States Patent and Trademark Office
571-272-9374
shaunia.carlyle@uspto.gov
RESPONSE GUIDANCE