| PTO Form 1822 (Rev 11/2007) |
| OMB No. 0651-0050 (Exp. 4/30/2009) |
Response to Suspension Inquiry or Letter of Suspension
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
77002545 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 111 |
| PENDING SERIAL NUMBER(S) |
| Serial number(s) 78638390; 78638385 should not be used as a citation(s) under Section 2(d) of the Trademark Act because the
applicant herein claims ownership of the referenced serial number(s), supported by a declaration. The applicant hereby requests removal of this application from suspension. In the event that the
examining attorney is not persuaded by this ownership claim, the applicant hereby requests that this application be returned to suspended status, awaiting ultimate disposition of the referenced
serial number(s). |
| ARGUMENT(S) |
In response to the Letter of Suspension, Applicant wishes to advise the Examining
Attorney that one of the cited applications, Serial No. 78383216, was abandoned in November 2007; two of the cited applications, Nos. 78638390 and 78638385 are owned by the Applicant, KEE Action
Sports I, LLC, by Assignment/Name Change recorded on June 20, 2007 at Reel 3565/Frame
0026.
With respect to the fourth cited application EMPYRE, Serial No. 78636888 owned by Zumiez, Inc., this application has now registered as Reg. No. 3418244.
Applicant is attaching to this Response a Letter of Consent executed by Zumiez, Inc., wherein the Registrant consents to the registration of Applicant's trademark EMPIRE for the goods in
International Class 25. Applicant wishes to further advise the Examining Attorney that the cited Zumiez trademark application for "EMPYRE" was the subject of an ex parte appeal and pursuant to
the submission of a Letter of Consent executed by the present Applicant, the EMPYRE mark was subsequently registered on April 29, 2008.
Removal of the suspension and passage to publication is therefore respectfully requested.
|
| ARGUMENT FILE NAME(S) |
| ORIGINAL PDF FILE |
PE_389824798-153430734_._CONSENT_AGREEMENT_-_fully_executed___8-4-2010.PDF |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT11\IMAGEOUT11\770\025\77002545\xml1\RSI0002.JPG |
| |
\\TICRS\EXPORT11\IMAGEOUT11\770\025\77002545\xml1\RSI0003.JPG |
| The referenced serial number(s) 78383216 has/have now abandoned. The applicant hereby requests removal of this application from
suspension for further consideration by the examining attorney. |
| The referenced serial number(s) 78636888 has/have now registered. The applicant hereby requests removal of this application
from suspension, for consideration by the examining attorney of whether any likelihood of confusion under Section 2(d) of the Trademark Act exists. |
| SIGNATURE SECTION |
| DECLARATION SIGNATURE |
/Michael F. Snyder/ |
| SIGNATORY'S NAME |
Michael F. Snyder |
| SIGNATORY'S POSITION |
Attorney of Record, PA bar member |
| DATE SIGNED |
08/04/2010 |
| RESPONSE SIGNATURE |
/Michael F. Snyder/ |
| SIGNATORY'S NAME |
Michael F. Snyder |
| SIGNATORY'S POSITION |
Attorney of Record, PA bar member |
| DATE SIGNED |
08/04/2010 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Wed Aug 04 15:58:22 EDT 2010 |
| TEAS STAMP |
USPTO/RSI-XX.XX.XXX.XX-20
100804155822200061-770025
45-470aff6d1f376c49c8f4cf
cc2ba8b23879-N/A-N/A-2010
0804153430734379 |
| PTO Form 1822 (Rev 11/2007) |
| OMB No. 0651-0050 (Exp. 4/30/2009) |
Response to Suspension Inquiry or Letter of Suspension
To the Commissioner for Trademarks:
Application serial no.
77002545 has been amended as follows:
PENDING SERIAL NUMBER(S)
Serial number(s) 78638390; 78638385 should not be used as a citation(s) under Section 2(d) of the Trademark Act because the applicant herein claims ownership of the referenced serial number(s),
supported by a declaration. The applicant hereby requests removal of this application from suspension. In the event that the examining attorney is not persuaded by this ownership claim, the applicant
hereby requests that this application be returned to suspended status, awaiting ultimate disposition of the referenced serial number(s).
Argument(s):
In response to the Letter of Suspension, Applicant wishes to advise the Examining Attorney that one of the cited applications, Serial No. 78383216, was abandoned in November 2007; two of the cited applications, Nos. 78638390 and 78638385 are owned by the Applicant, KEE Action Sports I, LLC, by Assignment/Name Change recorded on June 20, 2007 at Reel 3565/Frame 0026.
With respect to the fourth cited application EMPYRE, Serial No. 78636888 owned by Zumiez, Inc., this application has now registered as Reg. No. 3418244.
Applicant is attaching to this Response a Letter of Consent executed by Zumiez, Inc., wherein the Registrant consents to the registration of Applicant's trademark EMPIRE for the goods in
International Class 25. Applicant wishes to further advise the Examining Attorney that the cited Zumiez trademark application for "EMPYRE" was the subject of an ex parte appeal and pursuant to
the submission of a Letter of Consent executed by the present Applicant, the EMPYRE mark was subsequently registered on April 29, 2008.
Removal of the suspension and passage to publication is therefore respectfully requested.
Original PDF file:
PE_389824798-153430734_._CONSENT_AGREEMENT_-_fully_executed___8-4-2010.PDF
Converted PDF file(s) (2 pages)
Pending File1
Pending File2
The referenced serial number(s) 78383216 has/have now abandoned. The applicant hereby requests removal of this application from suspension for further consideration by the examining attorney.
The referenced serial number(s) 78636888 has/have now registered. The applicant hereby requests removal of this application from suspension, for consideration by the examining attorney of whether any
likelihood of confusion under Section 2(d) of the Trademark Act exists.
Declaration Signature
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.
attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a
signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney
appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this
matter.
Signature: /Michael F. Snyder/ Date: 08/04/2010
Signatory's Name: Michael F. Snyder
Signatory's Position: Attorney of Record, PA bar member
Response Suspension Inquiry Signature
Signature: /Michael F. Snyder/ Date: 08/04/2010
Signatory's Name: Michael F. Snyder
Signatory's Position: Attorney of Record, PA bar member
Serial Number: 77002545
Internet Transmission Date: Wed Aug 04 15:58:22 EDT 2010
TEAS Stamp: USPTO/RSI-XX.XX.XXX.XX-20100804155822200
061-77002545-470aff6d1f376c49c8f4cfcc2ba
8b23879-N/A-N/A-20100804153430734379
