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:  July 23, 2019

 

 

Prior-Filed Application

 

Action on this application is SUSPENDED pending the disposition of the previously referenced potentially-conflicting pending application(s). 37 C.F.R. §2.83(c); TMEP §§716.02(c), 1208.02(c).

 

Applicant was previously provided information regarding pending U.S. Application Serial No. 87887767, which may present a bar to registration of applicant’s mark based on a likelihood of confusion under Trademark Act Section 2(d). See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. Although applicant’s amended identification has overcome any potential confusion with the majority of the previously referenced potentially-conflicting applications, the trademark examining attorney still believes there may be a likelihood of confusion between applicant’s mark and the mark in Application Serial No. 87887767, should they register. Thus, this application is suspended.

 

Applicant is advised that the potential bar posed by Application Serial No. 87887767 would apply only to applicant’s class 41 services.

 

Outstanding Refusals and Requirements

 

As stated in the July 16, 2019 suspension letter, the Section 2(d) refusal in regards to Reg. No. 4861583 is continued and maintained for class 41 only. See TMEP §713.02. This refusal will be made final once this application is removed from suspension, unless a new issue arises. See TMEP §716.01.

 

Applicant has satisfied the requirement for a definite identification of services and for a disclaimer of the descriptive wording. See TMEP §713.02.

 

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.

 

Applicant may file a response, but is not required to do so. Additionally, since the outstanding refusal and potential refusal apply to only one class, applicant may file a request to divide out the services that have not been refused registration, so that the mark may proceed toward publication for opposition in the class to which the refusal does not pertain. See 37 C.F.R. §2.87. See generally TMEP §§1110 et seq.

 

 

 

/Sara Anne Helmers/

Sara Helmers

Trademark Examining Attorney

Law Office 126

571-270-3639

Sara.Helmers@uspto.gov

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on July 23, 2019 for

U.S. Trademark Application Serial No. 88300334

 

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. 

 

/Sara Anne Helmers/

Sara Helmers

Trademark Examining Attorney

Law Office 126

571-270-3639

Sara.Helmers@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.”