TEAS Request Reconsideration after FOA

FIERCE

Abercrombie & Fitch Trading Co.

TEAS Request Reconsideration after FOA

PTO Form (Rev 4/2000)
OMB No. 0651-.... (Exp. 08/31/2004)

Request for Reconsideration after Final Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 77841401
LAW OFFICE ASSIGNED LAW OFFICE 112
MARK SECTION (no change)
ARGUMENT(S)

In an Office Action dated October 25, 2010, the Examining Attorney refused registration of Applicant's mark based on a likelihood of confusion with Reg. No. 2359404  for FIERCE in Class 25.  Applicant is aware that Reg. No. 2359404 was cancelled on January 21, 2011, because Registrant did not file an acceptable declaration under Section 8.  (See TARR print out attached hereto as Exhibit A.)  As a result, Application argues that a question of likelihood of confusion no longer exists, and respectfully requests that the Examining Attorney withdraw the refusal and allow the application to pass to publication.

 

EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_65210129209-103034701_._FIERCE__Reg._No._2359404.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT11\IMAGEOUT11\778\414\77841401\xml4\RFR0002.JPG
        \\TICRS\EXPORT11\IMAGEOUT11\778\414\77841401\xml4\RFR0003.JPG
        \\TICRS\EXPORT11\IMAGEOUT11\778\414\77841401\xml4\RFR0004.JPG
DESCRIPTION OF EVIDENCE FILE Exhibit A
SIGNATURE SECTION
RESPONSE SIGNATURE /Jacob Kramer/
SIGNATORY'S NAME Jacob Kramer
SIGNATORY'S POSITION Senior Legal Counsel
DATE SIGNED 04/06/2011
AUTHORIZED SIGNATORY YES
CONCURRENT APPEAL NOTICE FILED NO
FILING INFORMATION SECTION
SUBMIT DATE Wed Apr 06 11:24:15 EDT 2011
TEAS STAMP USPTO/RFR-XX.XXX.XXX.XXX-
20110406112415453521-7784
1401-480bb7114343ce7e2b5b
9c9194e88ab6761-N/A-N/A-2
0110406103034701738



PTO Form (Rev 4/2000)
OMB No. 0651-.... (Exp. 08/31/2004)

Request for Reconsideration after Final Action


To the Commissioner for Trademarks:

Application serial no. 77841401 has been amended as follows:

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

In an Office Action dated October 25, 2010, the Examining Attorney refused registration of Applicant's mark based on a likelihood of confusion with Reg. No. 2359404  for FIERCE in Class 25.  Applicant is aware that Reg. No. 2359404 was cancelled on January 21, 2011, because Registrant did not file an acceptable declaration under Section 8.  (See TARR print out attached hereto as Exhibit A.)  As a result, Application argues that a question of likelihood of confusion no longer exists, and respectfully requests that the Examining Attorney withdraw the refusal and allow the application to pass to publication.

 



EVIDENCE
Evidence in the nature of Exhibit A has been attached.
Original PDF file:
evi_65210129209-103034701_._FIERCE__Reg._No._2359404.pdf
Converted PDF file(s) (3 pages)
Evidence-1
Evidence-2
Evidence-3

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Jacob Kramer/     Date: 04/06/2011
Signatory's Name: Jacob Kramer
Signatory's Position: Senior Legal Counsel

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 77841401
Internet Transmission Date: Wed Apr 06 11:24:15 EDT 2011
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XXX-201104061124154
53521-77841401-480bb7114343ce7e2b5b9c919
4e88ab6761-N/A-N/A-20110406103034701738


TEAS Request Reconsideration after FOA [image/jpeg]

TEAS Request Reconsideration after FOA [image/jpeg]

TEAS Request Reconsideration after FOA [image/jpeg]


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