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 15, 2021

 

INTRODUCTION

 

This Suspension Notice is supplemental to and supersedes the previous Office action issued on November 12, 2020 in connection with this application.  The assigned trademark examining attorney inadvertently omitted an advisory relevant to the mark in the subject application.  See TMEP §§706, 711.02.  Specifically, the mark “W S” in U.S. Application Serial No. 88546727 for, in relevant part, “providing information in the field of fitness, sports and exercise via social media platforms” has an earlier filing date or effective filing date than applicant’s application and could present a bar to registration.

 

The trademark examining attorney apologizes for any inconvenience caused by the delay in raising this advisory. 

 

In the November 12, 2020 Office action, registration was refused based on the following: Refusal under Section 2(d) of the Trademark Act Based on a Likelihood of Confusion with the Marks in U.S. Registration Nos. 4926410 and 5878030 and Refusal under Sections 1 & 45 of the Trademark Act- Date of Print or Access of Website Specimen Omitted. Additionally, the applicant was required to satisfy the following: Complete Mark Description Required.

 

Based on the applicant’s May 12, 2021 response, the following requirement is satisfied: Complete Mark Description Required.

Additionally, the following refusal is obviated: Refusal under Sections 1 & 45 of the Trademark Act- Date of Print or Access of Website Specimen Omitted.

 

However, the following refusal is maintained and continued: Refusal under Section 2(d) of the Trademark Act Based on a Likelihood of Confusion with the Marks in U.S. Registration Nos. 4926410 and 5878030.

 

Accordingly, 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 below either registers or abandons.  37 C.F.R. §2.83(c).  Information relevant to the application below is provided in this letter.

 

            - U.S. Application Serial No. 88546727

 

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. 

 

 

/Deborah L. Meiners/

Attorney Advisor

Law Office 110

(571) 272-8993

Deborah.Meiners@USPTO.gov

 

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on July 15, 2021 for

U.S. Trademark Application Serial No. 90064652

 

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. 

 

/Deborah L. Meiners/

Attorney Advisor

Law Office 110

(571) 272-8993

Deborah.Meiners@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.”