| To: | Sustainable IP Strategies LLC (nptm@nixonpeabody.com) |
| Subject: | TRADEMARK APPLICATION NO. 90644313 - BLOOM - 093677-8 |
| Sent: | 5/5/2021 1:50:58 PM |
| Sent As: | ECOMPET |
| Attachments: |
United States Patent and Trademark Office (USPTO)
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U.S. Application Serial No. 90644313
U.S. Registration No.
Mark: BLOOM
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Correspondence Address: DAVID L. MAY 799 9TH STREET NW, SUITE 500 WASHINGTON, DC 20001
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Owner: Sustainable IP Strategies LLC
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Reference/Docket No. 093677-8
Correspondence Email Address: nptm@nixonpeabody.com |
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PETITION TO DIRECTOR DENIED
Issue date: May 5, 2021
The petition to make special filed in connection with the above-identified trademark application, on April 19, 2021, is denied.
Invoking supervisory authority under Trademark Rule 2.146 to make an application “special” is an extraordinary remedy that is granted only when very special circumstances exist, such as a demonstrable possibility of the loss of substantial rights. 37 C.F.R. §2.146. A petition to make “special” is denied when the circumstances would apply equally to a large number of other applicants. Trademark Manual of Examining Procedure (TMEP) §1710.01. The most common reasons for granting petitions to make “special” are the existence of actual or threatened infringement, pending litigation, or the need for a registration as a basis for securing foreign registration. Id.
In the petition, you state a registration is needed because “the subject mark is the subject of infringement and possible litigation.” However, there is no demonstration of a possibility of loss of substantial rights alleged. The situation you describe applies to a substantial number of applicants. As such, there is no showing of a loss of substantial rights. Therefore, no circumstances exist that would justify advancement of the application out of the normal order of examination.
The application will be forwarded for processing in the normal course of business.
/Karen Hilaski/
Paralegal Specialist
Office of the Deputy Commissioner
For Trademark Examination Policy
(571) 272-2873