TEAS Response to Suspension Inquiry

PTO Form 1822 (Rev 11/2007)

OMB No. 0651-0050 (Exp. 4/30/2009)

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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. 77114976 has been amended as follows:

PENDING SERIAL NUMBER(S)
Serial number(s) 78629030 should not be used as a citation(s) under Section 2(d) of the Trademark Act, in the event that said serial number(s) mature(s) into a registration(s). The applicant hereby requests removal of this application from suspension, based on the following arguments. In the event that the examining attorney is not persuaded by these arguments, the applicant hereby requests that this application be returned to suspended status, awaiting ultimate disposition of the referenced serial number(s).
Argument(s):
The examining attorney has suspended the present application pending outcome of SN 78629030.  The examining attorney has also stated that the identification of goods and services remains unacceptable.

The applicant believes that the Response to Office Action filed by applicant on 2007-11-13 provides a convincing basis for why no likelihood of confusion exists between the present application and SN 78629030.

The applicant also believes that the description of goods and services as amended in said Response to Office Action addresses all of the concerns raised by the examining attorney in his original office action.

As such, the applicant believes that no confusion exists and that the present application is in condition for publication and registration, and such action is respectfully requested.  Please note that the applicant is waiting to find out whether its IMO and IMO.IM marks are registerable before the applicant invests considerable resources towards developing its IMO and IMO.IM brands.  Although the applicant would normally not mind waiting until the prior cited application had been registered and/or abandoned before requesting a removal from suspension, the applicant urgently wishes to address these issues now.

Thank you for your attention to this matter.


SIGNATURE(S)
Response Suspension Inquiry Signature
Signature: /Mark B. James/     Date: 03/11/2008
Signatory's Name: Mark B. James
Signatory's Position: Attorney

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.

        
Serial Number: 77114976
Internet Transmission Date: Tue Mar 11 13:43:19 EDT 2008
TEAS Stamp: USPTO/RSI-XXX.XXX.XXX.XXX-20080311134319
413460-77114976-420257dfe283a3995dc8e886
7a816a962-N/A-N/A-20080311132340417547