Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 77194399 has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Applicant submits that it has filed Cancellation Action No. 92048324 against cited Registration No. 985,837 POWERPLAY and that Registrant, as an Affirmative Defense in its Answer, stated in Paragraph 14 that "There is no likelihood of confusion, mistake or deception because, inter alia, Registrant's and Petitioner's marks are not confusingly similar based on the difference in the marks." (Answer attached).  Applicant respectfully submits that given Registrant's Answer, there is no likelihood of confusion between the marks and Registrant has, essentially, provided consent to register based on its affirmative statement to this point.  Accordingly, Applicant respectfully requests that the Section 2(d) refusal be withdrawn and this application be allowed to proceed to publication.

In the alternative, based on Applicant's filing of Cancellation Action No. 92048324 against the cited registration, Applicant requests suspension of this application pending the conclusion of that Cancellation proceeding.    

EVIDENCE
Evidence in the nature of Answer of Registrant in Cancellatin Proceeding 92048324 has been attached.
Original PDF file:
evi_6411518154-190159852_._Answer.pdf
Converted PDF file(s) (5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5

SIGNATURE(S)
Response Signature
Signature: /RLD/     Date: 03/11/2008
Signatory's Name: Renee L. Duff
Signatory's Position: Attorney of record

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: 77194399
Internet Transmission Date: Tue Mar 11 19:04:40 EDT 2008
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2008031119044079
2344-77194399-42014798abd74aab1f593cee54
6fd1e4a-N/A-N/A-20080311190159852816