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:  September 01, 2020

 

 

The Office has reassigned this application to the undersigned trademark examining attorney.

 

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

 

The pending application(s) below has an earlier filing date or effective filing date than applicant’s application.  If the mark in the application(s) 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(s). 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).  The application was previously attached to the prior Office action.

 

            - U.S. Application Serial No(s). 88206159

 

Refusal(s) and/or requirement(s) resolved and maintained and continued.  The following refusal is satisfied: 

 

            •  Specimen Refusal

 

See TMEP §713.02.

 

The following refusal and requirements are maintained and continued: 

 

• Section 2(d) Refusal – Likelihood of Confusion with Registration Nos. 3123077 (ICE), 4569686 (GT ICE JUST COOLER), and 6093669 (ICE ICE) (previously listed as a prior-filed application but has since registered, see attached registration)
• Amendment of the Identification of Goods Required
• Clarification of the Number of Classes for Which Registration is Sought Required

 

Although applicant amended the identification of goods, it is still indefinite and needs further amendment as it is unclear what the nature of the goods are. Furthermore, several entries are still broad enough to include goods in Class 11, such as “electro-hydrodynamic cooling systems”.  Applicant must indicate the generic, common commercial name for the goods such as “laptop computer cooling pads” or “internal cooling fans for computers”.  

 

Applicant also submitted several arguments against the Section 2(d) Refusal and amended the identification of goods in order to narrow the goods.  These arguments, however, are not persuasive as the current identification of goods is still broad enough to include the registrant’s goods or include goods that are commonly manufactured, produced, and sold by the same entity. Therefore, a consumer would likely be confused as to the source of the goods.

 

See id.  These refusal and requirement 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. 

 

 

/Sarah C. Hopkins/

Sarah Hopkins

Examining Attorney

Trademark Office 123

(571) 270-0942

sarah.hopkins@uspto.gov

 

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on September 01, 2020 for

U.S. Trademark Application Serial No. 88770123

 

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. 

 

/Sarah C. Hopkins/

Sarah Hopkins

Examining Attorney

Trademark Office 123

(571) 270-0942

sarah.hopkins@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.”