IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
Applicant: Blue Wing, Inc.
Mark: RED HOUSE RADIO
Filing Date: April 18, 2003
Serial Number: 76/511566
Mailing Date of
Office Action: September 29, 2003
Due Date: March 29, 2004
Examining Attorney: Tracy Cross
Law Office Number: 103
October 21, 2003
Via Internet
Commissioner for Trademarks
2900 Crystal Drive
Arlington, Virginia 22202-3514
Box Responses – No Fee
Dear Sir or Madam:
This letter is in response to the above-referenced Office Action, in which the following issue was identified:
Suspension of Application. The examining attorney has suspending the Applicant's application due to a possible likelihood of confusion with pending
application Serial Number 78/163955 for the mark RED HOUSE PRODUCTIONS. Applicant respectfully submits that the PTO's TARR system shows that a response to an office action for Serial Number
78/163955 for the mark RED HOUSE PRODUCTIONS was due on or before September 5, 2003 and that no response has been filed to date. A telephone conference to the PTO this date confirmed that no
filing has been made to date. On information and belief, this application will likely be abandoned for a failure to timely respond to an office action. If examining attorney Cross agrees,
Applicant requests that its application not be suspended and proceed through the review process.
Disclaimer. Without waiving any common law rights, Applicant hereby amends its application to include the following disclaimer:
"No claim is made to the exclusive right to use RADIO apart from the mark as shown."
If examiner Cross has any further issues outstanding, she is invited to contact the undersigned by telephone or email to resolve any open issues.
Respectfully submitted,
_______/pamela a. curran/________________________
Pamela A. Curran, Esq.
MESSERLI & KRAMER P.A.
150 South Fifth Street, Suite 1800
Minneapolis, MN 55402
612 672 3765 (direct)
612 672 3777 (fax)
pcurran@mandklaw.com
CERTIFICATE OF TRANSMISSION
I hereby certify that this correspondence is being transmitted by electronic mail to the United States Patent and Trademark Office on the date shown below.
Pamela A.
Curran
(Typed or Printed Name of Person Signing Certificate)
/pamela
a.curran/
(Signature)
October 21,
2003
(Date)