| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
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| SERIAL NUMBER | 76523860 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
| The Examining Attorney has refused registration of the mark A.C.T. on the ground that the mark is confusingly similar to the mark in Registration No. 2,780,300. The Examining Attorney has also cited prior-filed Application No. 76/341,188 as a potential bar to the registration of its mark. Applicant respectfully requests reconsideration of the refusal and potential refusal to register. In the alternative, Applicant requests that the instant application be suspended until such time the cited application matures to registration. Applicant reserves its right to present substantive arguments in favor of registration until a formal refusal to register for the cited application is issued by the Examining Attorney.
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| SIGNATURE SECTION | |
| SIGNATURE | /Richard Y. Kim/ |
| SIGNATORY NAME | Richard Y. Kim |
| SIGNATORY POSITION | Attorney for Applicant |
| SIGNATORY DATE | 05/13/2004 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu May 13 15:53:10 EDT 2004 |
| TEAS STAMP | USPTO/OA-XXXXXXXXXX-20040 513155310345100-76523860- 200dc554d2a13755facc42fc2 273ae2fbd7-N-N-2004051315 5154033550 |
| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 76523860 is amended as follows: | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
| The Examining Attorney has refused registration of the mark A.C.T. on the ground that the mark is confusingly similar to the mark in Registration No. 2,780,300. The Examining Attorney has also cited prior-filed Application No. 76/341,188 as a potential bar to the registration of its mark. Applicant respectfully requests reconsideration of the refusal and potential refusal to register. In the alternative, Applicant requests that the instant application be suspended until such time the cited application matures to registration. Applicant reserves its right to present substantive arguments in favor of registration until a formal refusal to register for the cited application is issued by the Examining Attorney.
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| Response Signature | |
| Signature: /Richard Y. Kim/ Date: 05/13/2004 | |
| Signatory's Name: Richard Y. Kim | |
| Signatory's Position: Attorney for Applicant | |
| Serial Number: 76523860 | |
| Internet Transmission Date: Thu May 13 15:53:10 EDT 2004 | |
| TEAS Stamp:
USPTO/OA-XXXXXXXXXX-20040513155310345100 -76523860-200dc554d2a13755facc42fc2273ae 2fbd7-N-N-20040513155154033550 |