TEAS Petition to Revive Abandon Applic

PTO Form 2194 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 11/30/2008)

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PTO Form 2194 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 11/30/2008)

Petition To Revive For Office Action

To the Commissioner for Trademarks:

Application serial no. 77663419 has been amended as follows:
PETITION
Petition Statement

Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the USPTO to revive the abandoned application.

RESPONSE TO OFFICE ACTION

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

Applicant inadvertently believed that the USPTO had suspended this application, as it had with its associated "Power Pro" word mark under application no. 77663408.  After receiving the notice of abandonment, the applicant learned the USPTO office action stated that it reserved the right to suspend, but it hasn't been suspended.  This was entirely unintentional.

With respect to the office action, applicant believes there is no potential conflict between the mark subject of this application and the mark that is subject of application no. 76692361 ("Other Mark"), primarily because of the associated good/service and the appearance of the marks. First, Applicant's mark covers power operated log splitters, and does not involve retail services in any way. In contrast, the Other Mark is for a distributor or retail service, not a product, and it merely "features" outdoor power equipment, but does not necessarily cover log splitters whatsoever, and even if it does, it would be presumably one of many pieces of equipment.  Second, applicant's mark is a distinctly stylized mark with emphasis on the a yellow/black combination, with a prominent shield with a red border. In contrast, the Other Mark has no color and is the appearance of a metal sign.  Applicant believes there would be no confusion by consumers between the two marks. 

 

 

 

ADDITIONAL STATEMENTS
The colors white and gray represent background, outlining, shading and/or transparent areas and are not part of the mark.

FEE(S)
Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S)
Petition/Response Signature
Signature: /ryan arney/     Date: 12/21/2009
Signatory's Name: ryan arney
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.

        
RAM Sale Number: 8606
RAM Accounting Date: 12/21/2009
        
Serial Number: 77663419
Internet Transmission Date: Mon Dec 21 11:32:22 EST 2009
TEAS Stamp: USPTO/POA-XXX.XX.XXX.XX-2009122111322202
1075-77663419-460b45b9971ab24efa1999239c
91ee448-DA-8606-20091221111458716103