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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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`Panasonic Corporation (hmccarty@hsml.com)
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`U.S. TRADEMARK APPLICATION NO. 87951037 - DRIVING PROGRESS, MOVING PEOPLE -
`8279.1958US0
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`4/2/2019 12:45:51 PM
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`ECOM101@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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`*87951037*
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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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`U.S. APPLICATION
`SERIAL NO. 87951037
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`
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`MARK:
`DRIVING
`PROGRESS, MOVING
`PEOPLE
`
`G.
`
`HAMRE,
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`CORRESPONDENT
`ADDRESS:
` SARAH
`VOELLER
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`SCHUMANN,
`MUELLER & LARSON,
`P.C.
` 45 S 7TH ST STE
`2700
` MINNEAPOLIS, MN
`55402
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`APPLICANT: Panasonic
`Corporation
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`CORRESPONDENT’S
`REFERENCE/DOCKET
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`NO:
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` 8279.1958US0
`CORRESPONDENT E-
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`MAIL ADDRESS:
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` hmccarty@hsml.com
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`ISSUE/MAILING DATE: 4/2/2019
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`SUSPENSION NOTICE: NO RESPONSE NEEDED
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`APPLICATION STATUS
`This Office action is in response to applicant’s communication filed on Mar. 19, 2019. The following requirement has been satisfied:
`Identification. See TMEP §§713.02, 714.04. The trademark examining attorney is suspending action on the application for the reason(s) stated
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`below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
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`FOREIGN REGISTRATION:
`Applicant is required to provide a true copy, a photocopy, a certification, or a certified copy of a foreign registration from applicant’s country of
`origin that will be in force at the time the United States registration issues. 15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii)-(iii); In re Societe
`D’Exploitation de la Marque Le Fouquet’s , 67 USPQ2d 1784, 1788-89 (TTAB 2003); TMEP §§1003.04(a)-(b), 1004.01, 1004.01(a). Action
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`on this application is suspended until the USPTO receives a copy of such foreign registration or proof of its renewal. TMEP §§716.02(b),
`1003.04(a)-(b), 1004.01(a). If the foreign registration or renewal document is not in English, applicant must provide an English translation. 37
`C.F.R. §2.34(a)(3)(ii)-(iii); TMEP §1004.01(b). Further, applicant should notify the trademark examining attorney in the event that the foreign
`application abandons or the foreign registration is not renewed. See TMEP §§1003.08, 1004.01(a). In such case, applicant may amend the
`application to rely on another basis, if appropriate, and will retain the priority filing date, if applicable. TMEP §§1003.08, 1004.01(a).
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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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`FOREIGN APPLICATION NOT FROM APPLICANT’S COUNTRY OF ORIGIN (Advisory)
`The application specifies both a basis under Trademark Act Section 1 and a claim of priority under Section 44(d) and indicates that applicant
`intends to rely on the foreign registration that will issue from its foreign application as a basis for registration under Section 44(e). See 15 U.S.C.
`§§1051(a), (b), 1126(d), (e); 37 C.F.R. §2.34(a)(1)-(2), (a)(4); TMEP §1003.04(a). To obtain registration under Section 44(e) based on a foreign
`registration that will issue from the foreign application relied on for priority, the country in which the foreign application was filed must be the
`applicant’s country of origin. See 15 U.S.C. §1126(c); TMEP §§1002.01, 1002.02, 1002.04. Under Section 44(c), “country of origin” is
`defined as the country in which an applicant (1) is domiciled, (2) has a bona fide and effective industrial or commercial establishment, or (3) is a
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`national. 15 U.S.C. §1126(c); TMEP §1002.04.
`In the present case, the U.S. application shows that applicant has a domicile in Japan, but the foreign application was filed in European Union.
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`Because applicant’s domicile is in a country different from the country in which the foreign application was filed, and from which the foreign
`registration will issue, applicant will need to establish that this country is applicant’s country of origin as of the date of issuance of the foreign
`registration. See 15 U.S.C. §1126(c); TMEP §§1002.02, 1002.04. This
`requirement may be satisfied by providing the following written
`statement for the record, once the foreign registration issues: “ Applicant has had a bona fide and effective industrial or commercial
`establishment in European Union as of the date of issuance of the foreign registration.” TMEP §1002.04.
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`If applicant will not be able to assert that the country in which the foreign registration has issued is applicant’s country of origin, registration
`under Section 44(e) will be refused. See 15 U.S.C. §1126(c); TMEP §1002.01-.02. In
`that case, applicant may delete the Section 44(e) basis and
`rely solely on Section 1(b) as a basis. See 15 U.S.C. §§1051(b), 1126(e); 37 C.F.R. §2.35(b); TMEP §806.04. However,
`applicant may still
`retain the priority filing date under Section 44(d) without perfecting the Section 44(e) basis, if applicant’s U.S. application satisfied the
`requirements of Section 44(d) as of the U.S. application filing date and applicant has a continuing valid basis for registration. See 37 C.F.R.
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`§2.35(b)(3)-(4); TMEP §§806.02(f), 806.03(h).
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`/Benji Paradewelai/
`Trademark Attorney
`Law Office 101
`U.S. Patent & Trademark Office
`Tel: (571) 272-1658
`Email: benji.paradewelai@uspto.gov (for informal inquiries)
`http://www.uspto.gov (for filing Official responses)
`---
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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)
`http://www.uspto.gov/trademarks/teas/correspondence.jsp.
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`form at
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`To:
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`Subject:
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`Sent:
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`Sent As:
`
`Attachments:
`
`Panasonic Corporation (hmccarty@hsml.com)
`
`U.S. TRADEMARK APPLICATION NO. 87951037 - DRIVING PROGRESS, MOVING PEOPLE -
`8279.1958US0
`
`4/2/2019 12:45:52 PM
`
`ECOM101@USPTO.GOV
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`
`IMPORTANT NOTICE REGARDING YOUR
`U.S. TRADEMARK APPLICATION
`
`USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED
`ON 4/2/2019 FOR U.S. APPLICATION SERIAL NO.87951037
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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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