To: | A1 Mobile X-Ray and Imaging LLC (ms@gs2law.com) |
Subject: | U.S. Trademark Application Serial No. 90009012 - RAPIDX - RAPIDX_01 |
Sent: | February 10, 2021 04:12:12 PM |
Sent As: | ecom120@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90009012
Mark: RAPIDX
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Correspondence Address: |
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Applicant: A1 Mobile X-Ray and Imaging LLC
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Reference/Docket No. RAPIDX_01
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: February 10, 2021
Introduction. This suspension notice is in response to applicant’s communication filed on September 29, 2020.
In a previous Office action dated September 28, 2020, the trademark examining attorney refused registration of the applied-for mark based on the following: specimen refusal for the webpage specimens not containing the URL/date accessed information. In addition, applicant was required to satisfy the following requirement: amend the identification and classification of goods and services. Applicant was also advised that a prior-filed mark may bar registration of the applied-for mark.
Based on applicant’s response, the trademark examining attorney notes that the following requirement has been satisfied: amend the identification and classification of goods and services. See TMEP §§713.02, 714.04.
In addition, the following refusal has been withdrawn: specimen refusal for the webpage specimens not containing the URL/date accessed information. See TMEP §§713.02, 714.04.
Finally, the prior-filed application has not yet registered or abandoned. Applicant stated that “At this time, Applicant reserves its right to not fully submit arguments in response to the Prior-Filed Application Issue but notes that the services are distinct.”
Therefore, 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 below was sent previously.
- U.S. Application Serial No. 88614186
Refusal and requirement resolved and maintained and continued. The following refusal and requirement are satisfied and withdrawn:
• Specimen Unacceptable
• Identification and Classification of Goods and Services
See TMEP §713.02.
The following advisory is maintained and continued:
• Prior-Filed Application Advisory
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.
/Jessica Hilliard/
Jessica Hilliard
Examining Attorney, Law Office 120
571-272-4031
Jessica.Hilliard@uspto.gov