[E-trademarks] Registered marks and a pending application

[Maria Eliseeva]

Colleagues,

 

Getting frustrated with the USPTO lately, I feel I might be ranting too
much. 

 

Company owns two US registrations for XYZ in IC 33. XYZ in standard
characters, XYZ in stylized font. The mark has been in use for several
years, one of the registrations is now incontestable. 

 

Company's pending 66(a) application for XYZ in a different style gets a 2(d)
rejection over XYZ for beer. Not even considering the issue of whether the
goods are related (no, they are not) - aren't the EAs supposed to see
identical registered marks of the same applicant covering the identical or
similar goods?  

 

I suppose the applicant will respond by pointing out existing registrations
owned by the same applicant. Am I missing something?

 

Maria

----------------------------------------

Maria Eliseeva 

Patentbar International 

1-617-332-5800(p)

 <mailto:maria at patentbar.com> maria at patentbar.com

 <http://www.patentbar.com/> www.patentbar.com

 

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