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:  January 28, 2021

A.    SUSPENSION

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).  Information relevant to the application(s) below is provided in this letter.

            - U.S. Application Serial No(s). 90030535

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. 

2. REFUSALS/REQUIREMENTS

1. The refusal under Section 2(d) based on a likelihood of confusion with a registered mark and the citation of the pending application must be continued. 

It is appreciated that applicant amended the identification of goods in an effort to overcome the refusal and citation.  However, the registration and cited application include educational services in the “field of health.”  This wording is very broad and presumed to encompass such services featuring information on pharmaceuticals or the use of pharmaceuticals that are identical to applicant’s goods.  As noted in the prior Office action, many entities provide medical goods and related services.

In this regard, the trademark examining attorney has attached additional evidence from the USPTO’s X-Search database consisting of a number of third-party marks registered for use in connection with the same or similar goods and/or services as those of both applicant and registrant in this case.  This evidence shows that the goods and/or services listed therein, namely, pharmaceutical and related medical/health educational services, are of a kind that may emanate from a single source under a single mark.  See In re I-Coat Co., 126 USPQ2d 1730, 1737 (TTAB 2018) (citing In re Infinity Broad. Corp., 60 USPQ2d 1214, 1217-18 (TTAB 2001); In re Albert Trostel & Sons Co., 29 USPQ2d 1783, 1785-86 (TTAB 1993); In re Mucky Duck Mustard Co., 6 USPQ2d 1467, 1470 n.6 (TTAB 1988)); TMEP §1207.01(d)(iii).

2. The amended mark description and the amended identification of goods/services are accepted, and the related requirement(s) is/are satisfied (please see the Examiner’s Amendment issued to correct a small issue in the identification).

Please do not hesitate to contact the undersigned with any questions.

/MaureenDallLott/

Maureen Dall Lott

Trademark Examining Attorney, Law Office 105

United States Patent and Trademark Office

571-272-9714

maureen.lott@uspto.gov

United States Patent and Trademark Office (USPTO)

USPTO OFFICIAL NOTICE

Office Action (Official Letter) has issued

on January 28, 2021 for

U.S. Trademark Application Serial No. 90114716

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. 

Lott, Maureen D.

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.”