Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 76158420 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:

Applicant hereby responds to the Office Action mailed August 28, 2006, received in connection with the application No. 76/158,420.  Registration of this application has been refused based on a likelihood of confusion with U.S. Registration Nos. 3051911 and 2198795.  However, Applicant and the owner of the cited registrations, Magaschoni Apparel Group ("Magaschoni"), have entered into a Coexistence Agreement, which is attached hereto, in which the parties determined that no likelihood of confusion would exist between Applicant's MAG mark and the registrations for MAG and E-MAG.

The parties agreed that no likelihood of confusion existed between their respective marks because: both parties invested considerable time and money in the development, utilization, and popularization of their respective marks, thereby increasing customer recognition of the parties' respective marks, as well as building significant goodwill in the names and marks; Applicant is primarily a flashlight manufacturer and Magaschoni is primarily an upscale clothing designer and retailer; and the parties have not been made aware of any confusion by customers or the trade, or of any inquiries concerning a relationship between the parties. 

Based on the attached Coexistence Agreement, Applicant believes that there is no likelihood of confusion and that this application is now in a condition for registration.

Evidence
Evidence in the nature of Coexistence Agreement between Mag Instrument, Inc. and Magaschoni Apparel Group has been attached.
Original PDF file:
evi_168986712-202510281_._DOC050.PDF
Converted PDF file(s) (6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6


Procedural Matters/Informalities
Applicant proposes to amend the following:
Original: MAG INSTRUMENT, INC., a corporation of CA, having an address of 1635 South Sacramento Avenue Ontario, California US 91761-1083.
Proposed: MAG INSTRUMENT, INC., a corporation of California, having an address of 2001 South Hellman Avenue Ontario, California US 91761-1083.

Additional Statements

"Applicant claims ownership of U.S. Registration Number(s) 2575768, 3105299."

"The mark is presented in standard characters without claim to any particular font style, size, or color."

"MAG appearing in the mark has no significance in the relevant trade or industry or as applied to the goods/services listed in the application, no geographical significance, nor any meaning in a foreign language."

Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Response Signature
Signature: /Anna Raimer/     Date: 02/02/2007
Signatory's Name: Anna Raimer
Signatory's Position: Attorney
        
Serial Number: 76158420
Internet Transmission Date: Fri Feb 02 20:29:03 EST 2007
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20070202202903448
098-76158420-360b1da42987b15451d3f2ef316
7b81f-N/A-N/A-20070202202510281125