To:
`
`Subject:
`
`Sent:
`Sent As:
`
`Benjamin S. Fernandez, Esquire(whiptrademark@wilmerhale.com)
`U.S. Trademark Application Serial No. 97068596 - MEAT DONE RIGHT -
`2218755.123
`February 15, 2023 09:17:43 AM EST
`tmng.notices@uspto.gov
`
`Attachments
`
`United States Patent and Trademark Office (USPTO)
`Office Action (Official Letter) About Applicant’s Trademark Application
`
`U.S. Application Serial No.  97068596
`
`Mark:   MEAT DONE RIGHT
`
`Correspondence Address:  
`Benjamin S. Fernandez, Esquire
`WILMER CUTLER PICKERING HALE AND DORR LLP
`60 STATE STREET
`BOSTON MA 02109 UNITED STATES
`
`Applicant:   Omeat Inc.
`
`Reference/Docket No.  2218755.123
`
`Correspondence Email Address:   whiptrademark@wilmerhale.com
`
`
`
`
`
`
`SUSPENSION NOTICE
`No Response Required
`
`Issue date:   February 15, 2023
`
`Pursuant to TMEP §716.01, applicant is advised of the following status of the application.  
`
`In an Office Action issued on July 19, 2022, the following issues were outstanding with this
`application:
`
`
`•
`
`•
`
`•
`
`•
`
`Section 2(d) - Likelihood of Confusion Refusal - Partial Refusal
`
`Potential 2(d) Refusal - One Pending Application
`
`Disclaimer Required
`
`Identification of Goods Indefinite - Amendment Required
`
`

`

`
`On January 17, 2023, applicant responded to the Office Action.  In the Response, applicant:
`
`
`•
`•
`
`Provided arguments against the Section 2(d) Refusal; and
`Amended the identification of goods.
`
`
`The trademark examining attorney has thoroughly reviewed applicant’s response and has
`determined the following:
`
`
`1.
`
`2.
`3.
`
`4.
`
`Applicant's arguments are not persuasive. Accordingly, the Section 2(d) Refusal are maintained
`and continued;
`The Disclaimer Requirement is  maintained and continued;
`Applicant's amended identification is accepted and made of record. Accordingly, the
`Identification Requirement is satisfied; and 
`Application Serial No.  90819351  is  still pending, and action on the instant application is
`suspended pending final disposition of the application.
`
`
`Preliminary Response to Applicant’s Arguments
`
`Applicant argues that because the pending application, CHICKEN DONE RIGHT, has not been refused
`against the cited registration, FISH DONE RIGHT, that the applied-for mark should also be allowed to
`coexist. 
`
`First, prior decisions and actions of other trademark examining attorneys in applications for other
`marks have little evidentiary value and are not binding upon the USPTO or the Trademark Trial and
`Appeal Board. TMEP §1207.01(d)(vi); see In re USA Warriors Ice Hockey Program, Inc., 122
`USPQ2d 1790, 1793 n.10 (TTAB 2017). Each case is decided on its own facts, and each mark stands
`on its own merits. In re Cordua Rests., Inc., 823 F.3d 594, 600, 118 USPQ2d 1632, 1635 (Fed. Cir.
`2016) (citing In re Shinnecock Smoke Shop, 571 F.3d 1171, 1174, 91 USPQ2d 1218, 1221 (Fed. Cir.
`2009); In re Nett Designs, Inc., 236 F.3d 1339, 1342, 57 USPQ2d 1564, 1566 (Fed. Cir.
`2001)). Second, applicant's mark contains a broader term, MEAT, that can encompasses both chicken
`and fish. Thus, applicant's mark creates a similar commercial impression as both the prior pending
`application and registered mark. Lastly, the record evidence establishes that entities offer cultured meat,
`salmon and chicken under the same mark, and therefore, the goods are related. The fact that applicant
`and registrant may only provide certain types of meats does not diminish the likelihood of confusion. 
`Accordingly, applicant’s arguments are unpersuasive to overcome the refusal and the Section 2(d)
`Refusal is maintained and continued.
`
`APPLICATION 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.  90819351
`
`
`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 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 February 15, 2023 for
`U.S. Trademark Application Serial No.  97068596
`
`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.
`
`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 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.
`
`•
`
`Hiring a U.S.-licensed attorney. If you do not have an attorney and are not required to
`
`

`

`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.
`
`