`
`Subject:
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`Sent:
`Sent As:
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`Journey To Millions LLC(journey2mill@gmail.com)
`U.S. Trademark Application Serial No. 90869195 - JTM JOURNEY TO
`MILLIONS
`December 12, 2022 03:10:11 PM EST
`tmng.notices@uspto.gov
`
`Attachments
`
`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. 90869195
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`Mark: JTM JOURNEY TO MILLIONS
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`Correspondence Address:
`Journey To Millions LLC
`8504 Jefferson Ave
`Munster IN 46321 UNITED STATES
`
`Applicant: Journey To Millions LLC
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`Reference/Docket No. N/A
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`Correspondence Email Address: journey2mill@gmail.com
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`SUSPENSION NOTICE
`No Response Required
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`Issue date: December 12, 2022
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`Pursuant to TMEP §716.01, applicant is advised of the following status of the application.
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`In an Office Action issued on May 13, 2022, the following issues were outstanding with this
`application:
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`Section 2(d) - Likelihood of Confusion Refusal
`Potential Section 2(d) Refusal - Two Pending Application
`Identification Of Goods Indefinite And Overly Broad – Amendment Required
`Clarification Of The Number Of Classes For Which Registration Is Sought Required
`Advisory – Multiple Class Application Requirements For Applications Based On Section 1(b)
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`On November 11, 2022, applicant responded to the Office Action. In the Response, applicant:
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`Provided arguments against the Section 2(d) Refusal.
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`The trademark examining attorney has thoroughly reviewed applicant’s response and has
`determined the following:
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`1.
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`2.
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`3.
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`Applicant's arguments are not persuasive. Accordingly, the Section 2(d) Refusal is maintained
`and continued;
`Applicant did not respond to the identification requirement. Accordingly, the Identification
`Requirement and Requirement to Clarify the Number of Classes are both maintained and
`continued; and
`Application No. 90664931 has abandoned and no longer posses a potential bar to registration.
`However, Application Serial No. 90675422 is still pending, and action on the instant application
`is suspended pending final disposition of the application.
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`Preliminary Response to Applicant’s Arguments
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`Applicant argues that although the registered mark includes the letters JTM, that registrant is not using
`this wording in the same sense. In particular, applicant argues that the wording in the applied-for mark
`stands for "journey to millions" and the wording in the registered mark is used for a baseball team.
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`Applicant's argument is not persuasive. Similarity in sound and appearance alone may be sufficient to
`support a finding that the compared marks are confusingly similar. In this case, the registered mark
`merely consists of the wording J.T.M. which looks and sounds nearly identical to the first word in the
`applied-for mark, JTM. Thus, consumers are likely to believe, mistakenly that the goods emanate from
`the same source. The fact that applicant and registrant may have different intended meanings for the
`wording J.T.M. and JTM does not obviate the confusion. A ccordingly, applicant’s arguments are
`unpersuasive to overcome the refusal and the Section 2(d) Refusal is maintained and continued.
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`APPLICATION IS SUSPENDED
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`The application is suspended for the reason specified below. See 37 C.F.R. §2.67; TMEP §§716 et
`seq.
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`The pending application 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 below was sent previously.
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`
`- U.S. Application Serial No. 90675422
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`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.
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`No response required. Applicant may file a response, but is not required to do so.
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`
`/Danielle Anderson/
`Danielle Anderson
`Trademark Examining Attorney
`Law Office 113
`(571) 272-6143
`Danielle.Anderson@uspto.gov
`
`
`
`
`
`United States Patent and Trademark Office (USPTO)
`
`USPTO OFFICIAL NOTICE
`
`Office Action (Official Letter) has issued
`on December 12, 2022 for
`U.S. Trademark Application Serial No. 90869195
`
`A USPTO examining attorney has reviewed your trademark application and issued an Office
`action. You may be required to respond to this Office action. Follow the steps below.
`
`(1) Read the Office action. This email is NOT the Office action.
`
`(2) Respond to the Office action, if a response is required. Respond by deadline using the
`Trademark Electronic Application System (TEAS). Your response must be received by the
`USPTO on or before 11:59 p.m. Eastern Time of the last day of the response period.
`Otherwise, your application will be abandoned. See the Office action itself regarding how to
`respond.
`
`(3) Direct general questions about using USPTO electronic forms, the USPTO website, the
`application process, the status of your application, and whether there are outstanding deadlines
`to the Trademark Assistance Center (TAC).
`
`After reading the Office action, address any question(s) regarding the specific content to the
`USPTO examining attorney identified in the Office action.
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`GENERAL GUIDANCE
`Check the status of your application periodically in the Trademark Status &
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`Document Retrieval (TSDR) database to avoid missing critical deadlines.
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`Update your correspondence email addressto ensure you receive important USPTO
`notices about your application.
`
`Beware of trademark-related scams. Protect yourself from people and companies that
`may try to take financial advantage of you. Private companies may call you and pretend
`to be the USPTO or may send you communications that resemble official USPTO
`documents to trick you. We will never request your credit card number or social security
`number over the phone. Verify the correspondence originated from us by using your
`Serial Number in our database, TSDR, to confirm that it appears under the “Documents”
`tab, or contact the Trademark Assistance Center.
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`Hiring a U.S.-licensed attorney. If you do not have an attorney and are not required to
`
`
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`have one under the trademark rules, we encourage you to hire a U.S.-licensed attorney
`specializing in trademark law to help guide you through the registration process. The
`USPTO examining attorney is not your attorney and cannot give you legal advice, but
`rather works for and represents the USPTO in trademark matters.
`
`