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`Subject:
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`Sent:
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`Sent As:
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`Attachments:
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`Hendry, Wendy L (wendyhendry@msn.com)
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`U.S. TRADEMARK APPLICATION NO. 88321920 - DRENCH - N/A
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`6/7/2019 4:07:43 PM
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`ECOM113@USPTO.GOV
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`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
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`U.S. APPLICATION
`SERIAL NO. 88321920
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`MARK: DRENCH
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`CORRESPONDENT
`ADDRESS:
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` HENDRY, WENDY,
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`L
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` 5069 N
`RAVENCREST LANE
` LEHI, UT 84043
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`APPLICANT: Hendry,
`Wendy L
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`*88321920*
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`GENERAL TRADEMARK
`INFORMATION:
`http://www.uspto.gov/trademarks/index.jsp
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`VIEW YOUR APPLICATION FILE
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`CORRESPONDENT’S
`REFERENCE/DOCKET
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`NO:
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` N/A
`CORRESPONDENT E-
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`MAIL ADDRESS:
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`wendyhendry@msn.com
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`SUSPENSION NOTICE: NO RESPONSE NEEDED
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`ISSUE/MAILING DATE: 6/7/2019
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`INTRODUCTION
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`This Office action is in response to applicant’s communication filed on May 23, 2019, where applicant:
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`Provided substitute specimens
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`The trademark examining attorney has thoroughly reviewed applicant’s response and has determined the following:
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`Applicant did not provide arguments against the Section 2(d) refusal, and the refusal is maintained and continued
`Applicant’s substitute specimens are unacceptable, and the specimen requirement is maintained and continued
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`Preliminary Response to Applicant’s Response
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`Applicant submitted as a substitute specimen (1) a screen shot of a webpage referencing SCF DRENCH Certification Training, and (2) a page
`featuring the wording SCF DRENCH. Per applicant’s May 23, 2019 e-mail to the examining attorney, applicant indicated her design to amend
`the mark drawing to SCF DRENCH, although applicant did not request this in her response.
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`First, changing the mark drawing to SCF DRENCH is not permissible because the change would materially alter the mark. An additional search
`would need to be conducted to incorporate SCF-formative marks. As a general rule, the addition of any element that would require a further
`search will constitute a material alteration. In re Pierce Foods Corp., 230 USPQ 307, 308-09 (TTAB 1986); TMEP § 807.14.
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`Second, applicant’s substitute specimen does not address the specimen issue. The problem with the initial specimen is that it did not show use of
`the mark with the identified services—personal fitness training services. Like the first specimen, the substitute specimen shows the mark use in
`connection with certification training.
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`However, applicant may not amend the identification to certification training because it is outside the scope of the original identification.
`Applicant may amend the identification to clarify or limit the services, but not to broaden or expand the services beyond those in the original
`application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted services may not later be reinserted. See
`TMEP §1402.07(e).
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`For these reasons, applicant’s substitute specimen and attempted amended mark drawing are unacceptable.
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`Action Is Suspended
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`The trademark examining attorney is suspending action on the application for the reason stated below. See 37 C.F.R. §2.67; TMEP §§716 et
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`seq.
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`The effective filing dates of the pending applications identified below precedes the filing date of applicant’s application. If the marks in the
`referenced applications register, applicant’s mark may be refused registration under Section 2(d) because of a likelihood of confusion with those
`registered marks. See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, action on this application is suspended until the
`earlier-filed referenced applications are either registered or abandoned. 37 C.F.R. §2.83(c). A copy of information relevant to these referenced
`applications was sent previously.
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`
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`- Application Serial No(s). 87885826 87885843 88311084
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`REFUSAL(S)/REQUIREMENT(S) CONTINUED AND MAINTAINED: The following refusal(s)/requirement(s) is/are continued and
`maintained:
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`Section 2(d) Refusal
`Specimen Requirement
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`No Response Required
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`The USPTO will periodically conduct a status check of the application to determine whether suspension remains appropriate, and the trademark
`examining attorney will issue as needed an inquiry letter to applicant regarding the status of the matter on which suspension is based. TMEP
`§§716.04, 716.05. Applicant will be notified when suspension is no longer appropriate. See TMEP §716.04.
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`No response to this notice is necessary; however, if applicant wants to respond, applicant should use the “Response to Suspension Inquiry or
`Letter of Suspension” form online at http://teasroa.uspto.gov/rsi/rsi.
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`/Marynelle W. Wilson/
`Marynelle Wilson
`Law Office 113
`(571) 272-7978
`marynelle.wilson@uspto.gov
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`PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official
`notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at
`http://tsdr.uspto.gov/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the
`Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking
`status, see http://www.uspto.gov/trademarks/process/status/.
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`TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the Trademark Electronic Application System (TEAS) form at
`http://www.uspto.gov/trademarks/teas/correspondence.jsp.
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`To:
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`Subject:
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`Sent:
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`Sent As:
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`Attachments:
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`Hendry, Wendy L (wendyhendry@msn.com)
`
`U.S. TRADEMARK APPLICATION NO. 88321920 - DRENCH - N/A
`
`6/7/2019 4:07:45 PM
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`ECOM113@USPTO.GOV
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`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
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`IMPORTANT NOTICE REGARDING YOUR
`U.S. TRADEMARK APPLICATION
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`USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED
`ON 6/7/2019 FOR U.S. APPLICATION SERIAL NO.88321920
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`Please follow the instructions below:
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`(1) TO READ THE LETTER: Click on this link or go to http://tsdr.uspto.gov/, enter the U.S. application serial number, and click on
`“Documents.”
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`The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24
`hours of this e-mail notification.
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`(2) QUESTIONS: For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney. For
`technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail
`TSDR@uspto.gov.
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`WARNING
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`PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION: Private companies not associated with the USPTO are
`using information provided in trademark applications to mail or e-mail trademark-related solicitations. These companies often use names that
`closely resemble the USPTO and their solicitations may look like an official government document. Many solicitations require that you pay
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`“fees.”
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`Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document
`from the USPTO rather than a private company solicitation. All official USPTO correspondence will be mailed only from the “United States
`Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.” For more information on how to handle
`private company solicitations, see http://www.uspto.gov/trademarks/solicitation_warnings.jsp.
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