Antares Pharma, Inc. (ATRS)

[jab91252]

Thanks Ryman, to add to your post, the second link below is THE actual letter.

It looks like the Pfizer filing of similar trademark, Otrexyo) was actually earlier (9/20/12)and Antares filing for Otrexup was 11/2012. They are similar and the USPTO desires to avoid "likelihood of confusion". A suspension letter means you need to wait your turn. This is a procedural issue.



http://tsdr.uspto.gov/documentviewer?caseId=sn85788191&docId=SUL20130320134642#docIndex=0&page=1

http://tsdr.uspto.gov/documentviewer?caseId=sn85788191&docId=SUL20130320#docIndex=0&page=1&tdrlink=


U.S. APPLICATION SERIAL NO. 85788191

MARK: OTREXUP



*85788191*
CORRESPONDENT ADDRESS:
AHMED RIAZ
100 PRNCTN S CORPT CTR STE 300
EWING, NJ 08628-3439



GENERAL TRADEMARK INFORMATION:
http://www.uspto.gov/trademarks/index.jsp



APPLICANT: Antares Pharma Inc.



CORRESPONDENT’S REFERENCE/DOCKET NO:
N/A
CORRESPONDENT E-MAIL ADDRESS:
[e-mail]



SUSPENSION NOTICE: NO RESPONSE NEEDED

ISSUE/MAILING DATE: 3/20/2013


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.

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.


PRIOR-FILED PENDING APPLICATION FOUND: The trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no similar registered marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d). However, a mark in a prior-filed pending application may present a bar to registration of applicant’s mark.

The effective filing date of the pending application identified below precedes the filing date of applicant’s application. If the mark in the referenced application registers, applicant’s mark may be refused registration under Section 2(d) because of a likelihood of confusion with that registered mark. See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, action on this application is suspended until the earlier-filed referenced application is either registered or abandoned. 37 C.F.R. §2.83(c).

A copy of information relevant to this referenced application is attached to this suspension notice.

- Application Serial No. 85775440 (OTREXYO for pharmaceutical preparations)









Action on this application is hereby suspended. If applicant has any questions, please contact the examining attorney.

/Elizabeth A. Hughitt/

Examining Attorney
Law Office 111
U.S. Patent and Trademark Office
571 272 9384
[e-mail]

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 [e-mail] 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) form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.