| PTO Form 1957 (Rev 5/2006) |
| OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
76364578 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 110 |
| MARK SECTION (no change) |
| ARGUMENT(S) |
In response to the Notice of Suspension mailed July 11, 2005, Applicant notes the refusal to register due to likelihood of confusion with Reg. No. 2,238,007 RAI FEDERAL
and respectfully traverses it because the owner of the cited registration has not filed the required Declaration of Use by the statutory specified deadline.
The Patent and Trademark Office registered RAI FEDERAL on April 13, 1999. A Declaration of Use was due April 13, 2005, plus a six-month grace period. The final deadline
was October 13, 2005. As of January 10, 2006, TARR does not show any filing of a Declaration of Use. This registration is no longer active, and therefore the refusal must be
withdrawn.
Applicant also incorporates by reference its previous arguments against the refusal to register.
If the citation cannot be withdrawn until the Office formally cancels the registration, Applicant respectfully requests that its application be suspended pending the cancellation.
Otherwise early notice that the mark has forwarded for publication is appreciated.
|
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/John Clarke Holman/ |
| SIGNATORY NAME |
John Clarke Holman |
| SIGNATORY POSITION |
Attorney |
| SIGNATURE DATE |
01/10/2006 |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Tue Jan 10 15:46:48 EST 2006 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XX.X-200
60110154648210584-7636457
8-3201c476d308677e655d3ca
c4a79bf6e4c-N/A-N/A-20060
110152156693664 |
| PTO Form 1957 (Rev 5/2006) |
| OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
76364578 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:
In response to the Notice of Suspension mailed July 11, 2005, Applicant notes the refusal to register due to likelihood of confusion with Reg. No. 2,238,007 RAI FEDERAL and respectfully traverses it
because the owner of the cited registration has not filed the required Declaration of Use by the statutory specified deadline.
The Patent and Trademark Office registered RAI FEDERAL on April 13, 1999. A Declaration of Use was due April 13, 2005, plus a six-month grace period. The final deadline
was October 13, 2005. As of January 10, 2006, TARR does not show any filing of a Declaration of Use. This registration is no longer active, and therefore the refusal must be
withdrawn.
Applicant also incorporates by reference its previous arguments against the refusal to register.
If the citation cannot be withdrawn until the Office formally cancels the registration, Applicant respectfully requests that its application be suspended pending the cancellation.
Otherwise early notice that the mark has forwarded for publication is appreciated.
Response Signature
Signature: /John Clarke Holman/ Date: 01/10/2006
Signatory's Name: John Clarke Holman
Signatory's Position: Attorney
Serial Number: 76364578
Internet Transmission Date: Tue Jan 10 15:46:48 EST 2006
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-200601101546482105
84-76364578-3201c476d308677e655d3cac4a79
bf6e4c-N/A-N/A-20060110152156693664