To:
`Subject:
`Sent:
`Sent As:
`
`Jamie N. Nafziger(ip.docket@dorsey.com)
`U.S. Trademark Application Serial No. 88241512 - FS - - T279453.US.1
`November 05, 2024 01:57:53 PM 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.  88241512
`
`Mark:   FS
`
`Correspondence Address:  
`Jamie N. Nafziger
`DORSEY & WHITNEY LLP
`50 SOUTH SIXTH STREET
`SUITE 1500
`MINNEAPOLIS MN 55402-1498
`United States
`
`Applicant:   GROWMARK, Inc.
`
`Reference/Docket No.  T279453.US.1
`
`Correspondence Email Address:   ip.docket@dorsey.com
`
`
`
`
`
`
`SUSPENSION NOTICE
`No Response Required
`
`Issue date:   November 5, 2024
`
`
`This suspension notice follows the previous notice issued on October 21, 2024.  The proceeding
`under Opposition No. 91250244 has concluded, and the previously cited U.S. Application Serial
`No. 79238032has abandoned and is no longer a potential bar to the registration of applicant's mark
`
`The application is suspended for the reasons specified below.   See 37 C.F.R. §2.67; TMEP §§716 et
`seq.  
`
`The pending applications below have earlier filing dates or effective filing dates than applicant's
`application.  If a mark in any of the applications 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
`
`

`

`the prior-filed applications below either register or abandon.  37 C.F.R.
`suspended until
`§2.83(c).  Information relevant to the application below was sent previously.  
`
`
`- U.S. Application Serial Nos. 87463513, 87953770, 88040265, and 88046090
`
`
`Application suspended until legal proceedings involving the applied-for mark are resolved.  The
`legal proceedings below involve (1) a registered mark that conflicts with applicant’s mark under
`Trademark Act Section 2(d), (2) a mark in a pending application(s) that could conflict with applicant’s
`mark under Section 2(d) if it registers, and/or (3) the registrability of applicant’s mark.  15 U.S.C.
`§1052; see 37 C.F.R. §2.83; TMEP §§716.02(a), (c)-(d), 1208 et seq.  Because the outcome of these
`proceedings could directly affect whether applicant’s mark can register, action on this application is
`suspended until the proceedings are resolved.   See 37 C.F.R. §2.67; TMEP §§716.02(a), (c)-(d).  
`
`
`- Opposition Nos. 91242432, 91246792, and 91249698
`
`
`The Section 2(d) refusal is maintained and continued as to U.S. Registration No. 3922965.    See
`  TMEP §713.02.    This refusal will be made final once this application is removed from
`suspension, unless a new issue arises.    See  TMEP §716.01.
`
`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.  
`
`
`/Jonathon Dible/
`Jonathon Dible
`Examining Attorney
`LO111--LAW OFFICE 111
`(571) 272-0209
`Ian.Dible@USPTO.GOV
`
`
`
`           
`

`

`United States Patent and Trademark Office (USPTO)
`
`USPTO OFFICIAL NOTICE
`
`Office Action (Official Letter) has issued
`on November 5, 2024 for
`U.S. Trademark Application Serial No.  88241512
`
`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.
`
`

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