throbber
To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Panasonic Corporation (hmccarty@hsml.com)
`
`U.S. TRADEMARK APPLICATION NO. 87951037 - DRIVING PROGRESS, MOVING PEOPLE -
`8279.1958US0
`
`4/2/2019 12:45:51 PM
`
`ECOM101@USPTO.GOV
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`*87951037*
`
`GENERAL TRADEMARK
`INFORMATION:
`http://www.uspto.gov/trademarks/index.jsp
`
`VIEW YOUR APPLICATION FILE
`
`U.S. APPLICATION
`SERIAL NO.   87951037
`
`           
`
`MARK:
`DRIVING
`PROGRESS, MOVING
`PEOPLE
`
`G.
`
`HAMRE,
`
`CORRESPONDENT
`ADDRESS:
`        SARAH
`VOELLER
`       
`SCHUMANN,
`MUELLER & LARSON,
`P.C.
`         45 S 7TH ST STE
`2700
`         MINNEAPOLIS, MN
`55402
`  
`    
`APPLICANT: Panasonic
`Corporation
`
`    
`
`   
`
`CORRESPONDENT’S
`REFERENCE/DOCKET
`
`NO:     
`
`    8279.1958US0
`CORRESPONDENT E-
`
`MAIL ADDRESS:    
`
`    hmccarty@hsml.com
`
`ISSUE/MAILING DATE: 4/2/2019
`
`SUSPENSION NOTICE: NO RESPONSE NEEDED
`
`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
`
`below.  See 37 C.F.R. §2.67; TMEP §§716 et seq.    
`
`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
`







`  
`

`

`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).
`
`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.
`
`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.
`
`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
`
`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.  
`
`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.
`
`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.
`
`§2.35(b)(3)-(4); TMEP §§806.02(f), 806.03(h).     
`
`/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)
`---
`
`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/.
`
`TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the Trademark Electronic Application System (TEAS)
`http://www.uspto.gov/trademarks/teas/correspondence.jsp.
`
`form at
`


`  





`

`


`

`

`To:
`
`Subject:
`
`Sent:
`
`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
`
`Please follow the instructions below:
`
`(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.”
`
`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.
`
`(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.
`
`WARNING
`
`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
`
`“fees.”   
`
`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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