To: | K. Adam Bloom (adam@adambloomesq.com) |
Subject: | U.S. Trademark Application Serial No. 90157093 - NAUTILUS - N/A |
Sent: | March 09, 2021 02:19:28 PM |
Sent As: | ecom109@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90157093
Mark: NAUTILUS
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Correspondence Address: |
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Applicant: K. Adam Bloom
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Reference/Docket No. N/A
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: March 09, 2021
The application is suspended for the reason(s) 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(s) below was sent previously.
- U.S. Application Serial No. 90023335
Refusal(s) and/or requirement(s) maintained and continued.
The following refusal(s) and/or requirement(s) is/are maintained and continued:
• Section 2(d) Likelihood of Confusion Refusal—U.S. Reg. No. 4402618
See id. These refusal(s) will be made final once this application is removed from suspension, unless a new issue arises. See TMEP §716.01.
Thus, evidence and arguments that constitute a collateral attack on a cited registration, such as information or statements regarding a registrant’s nonuse of its mark, are not relevant during ex parte prosecution. See In re Dixie Rests., 105 F.3d 1405, 1408, 41 USPQ2d 1531, 1534-35 (Fed. Cir. 1997); In re Peebles Inc., 23 USPQ2d 1795, 1797 n.5 (TTAB 1992); TMEP §1207.01(d)(iv). Such evidence and arguments may, however, be pertinent to a formal proceeding before the Trademark Trial and Appeal Board to cancel the cited registration.
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.
Gillani, Mahreen
Mahreen Gillani
Trademark Examining Attorney
Law Office 109, USPTO
(571)272-9704
Mahreen.Gillani@uspto.gov