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To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`RODRIGUEZ-MUÑIZ, JORGE LUIS (alichy@lichylaw.com)
`
`U.S. Trademark Application Serial No. 88826391 - NOPALITO - Malacara
`
`April 14, 2021 10:04:17 PM
`
`ecom113@uspto.gov
`
`United States Patent and Trademark Office (USPTO)
`Office Action (Official Letter) About Applicant’s Trademark Application
`
`U.S. Application
`Serial No.
`88826391
`
`Mark:   NOPALITO
`
`Correspondence
`
`     
`         
`
`Address:   
`
`     Abraham Lichy
`     THE LICHY
`  
`LAW FIRM, P.C.
`         222 EAST
`68TH STREET
`         NEW YORK,
`NY 10065
`  
`Applicant:  
`RODRIGUEZ-
`MUÑIZ, JORGE
`LUIS
`
`    
`   
`
`Reference/Docket
`No. Malacara
`
`Correspondence
`
`Email Address:    
`
`   
`alichy@lichylaw.com
`
`SUSPENSION NOTICE
`No Response Required
`
`Issue date:   April 14, 2021
`
`STATUS OF APPLICATION
`
`Pursuant to TMEP §716.01, applicant is advised of the following status of the application.  In an Office action issued on June 5, 2020, the
`following issues were outstanding with this application:
`
`(1)   Section 2(d) – Likelihood of Confusion Refusal
`(2)   Prior Pending Application
`
`On December 18, 2020, applicant responded to the Office action. The trademark examining attorney has thoroughly reviewed applicant’s
`response and has determined the following:
`
`(3)   Applicant’s arguments against the Section 2(d) – Likelihood of Confusion Refusal are not persuasive, and the Section 2(d) – Likelihood
`of Confusion Refusal is maintained and continued.
`
` 
` 
` 
` 
`  
` 
` 
` 
` 
` 
`

`

`(1)   The application was previously suspended pending final disposition of Application Serial No. 87718316, which is still pending, and
`action on the instant application is suspended pending final disposition of that application.
`
`Preliminary Response to Applicant’s Arguments
`
`Applicant argues that applicant’s goods and registrant’s services are unrelated, travel through different trade channels and target different
`consumer markets. Applicant provides no additional support or evidence for its contention other than the fact that registrant’s restaurant is
`located in San Francisco, California. Accordingly, applicant’s arguments are unpersuasive to overcome the refusal.
`
`ACTION IS SUSPENDED
`
`The application is suspended for the reason 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
`below either registers or abandons.  37 C.F.R. §2.83(c).  Information relevant to the application below was sent previously.
`
`            
`
`- U.S. Application Serial No. 87718316
`
`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.   
`
`/Danielle L. Anderson/
`Danielle L. Anderson
`Trademark Examining Attorney
`Law Office 113, USPTO
`571-272-6143
`danielle.anderson@uspto.gov
`
`    
`
` 
` 
` 
` 
` 
`

`

`To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`RODRIGUEZ-MUÑIZ, JORGE LUIS (alichy@lichylaw.com)
`
`U.S. Trademark Application Serial No. 88826391 - NOPALITO - Malacara
`
`April 14, 2021 10:04:18 PM
`
`ecom113@uspto.gov
`
`United States Patent and Trademark Office (USPTO)
`
`USPTO OFFICIAL NOTICE
`
`Office Action (Official Letter) has issued
`on April 14, 2021 for
`U.S. Trademark Application Serial No. 88826391
`
`Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has
`issued an official letter.  Please follow the steps below.
`
`(1)  Read the official letter.  No response is necessary.
`
`(2)  Direct questions about the contents of the Office action to the assigned attorney below.  
`
`/Danielle L. Anderson/
`Danielle L. Anderson
`Trademark Examining Attorney
`Law Office 113, USPTO
`571-272-6143
`danielle.anderson@uspto.gov
`
`Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your
`application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center
`(TAC).
`
`GENERAL GUIDANCE
`·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid
`missing critical deadlines.
`
`·        
`
`Update your correspondence email address,
`application.
`
`if needed,
`
`to ensure you receive important USPTO notices about your
`
`·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with
`the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices –
`most of which require fees.   All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”
`
` 
` 
` 
` 
` 
` 
`  
`   
` 
` 
`  
`

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