To: | Shimmer Industries, Inc (ipdocketingbos@mintz.com) |
Subject: | U.S. Trademark Application Serial No. 90208037 - SHIMMER - 059638-400 |
Sent: | September 27, 2021 10:02:15 AM |
Sent As: | ecom113@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90208037
Mark: SHIMMER
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Correspondence Address: |
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Applicant: Shimmer Industries, Inc
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Reference/Docket No. 059638-400
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: September 27, 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(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). 79299245
The following refusal is withdrawn:
The following requirements are obviated:
See TMEP §713.02.
The following refusal(s) and/or requirement(s) is/are maintained and continued:
The wording “Computer software and computer peripheral devices” added in Class 09 is both indefinite and too broad. The wording is indefinite because “computer software” is incongruous with the identified LED lighting controls, which identify hardware devices, not software. Moreover, the wording “computer software” is too broad because it could include downloadable software in Class 09 or non-downloadable software in Class 42.
See id. These refusal(s) and/or requirement(s) will be made final once this application is removed from suspension, unless a new issue arises. See TMEP §716.01.
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.
/John T. Billings, Esq./
Trademark Examining Attorney
Law Office 113
(571) 272-0186
john.billings@uspto.gov