To: | Skechers U.S.A., Inc. II (mlerner@kleinberglerner.com) |
Subject: | U.S. Trademark Application Serial No. 90254832 - MAGNA FIT - 210859.31308 |
Sent: | March 09, 2021 06:00:39 PM |
Sent As: | ecom122@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90254832
Mark: MAGNA FIT
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Correspondence Address: |
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Applicant: Skechers U.S.A., Inc. II
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Reference/Docket No. 210859.31308
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: March 09, 2021
In a previous Office action dated January 27, 2021, applicant was required to satisfy the following requirement: disclaim descriptive wording in the mark. Additionally, applicant was advised of the existence of three prior-filed applications that may present a bar to registration of the subject mark.
On March 9, 2021, the disclaimer requirement was satisfied. See TMEP §713.02.
The trademark examining attorney notes that U.S. Application Serial No. 88769223 has abandoned and no longer presents a bar to registration. However, U.S. Application Serial Nos. 86354496 and 86761067 have not yet reached final disposition and may still present a bar to registration.
Therefore, the application is suspended for the reason 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 was sent previously.
- U.S. Application Serial Nos. 86354496 (M MAGNA) and 86761067 (MAGNA)
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.
Melissa S. Winter
/Melissa S. Winter/
Examining Attorney
Law Office 122
571-272-7913
Melissa.Winter@uspto.gov