| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 78092838 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
SUPPLEMENTAL RESPONSE
This Supplemental Response supplements the Response dated October 10, 2003. Registration of the above-identified mark has been refused because it was alleged that the applicant's mark could likely be confused with the registered mark in U.S. Registration No. 14208014 PRO-FIT as applied to steel frames for doors, entryways and entry systems. Applicant filed a Petition to Cancel the cited registration and also requested that action on the above-noted application be suspended under 37 CFR Section 2.67 pending the outcome of the cancellation proceedings. Action on the application has been suspended pending disposition of Cancellation No. 92041229. Applicant submits that judgment by default has been entered against the owner of the cited registration and that the Petition to Cancel has been granted. Accordingly, Registration No. 14208014 will be canceled in due course. A copy of the notice from the Trademark Trial and Appeal Board is attached. In light of the foregoing, Applicant requests that the refusal under Section 2(d) be removed and that Applicant's application be removed from suspension and approved for publication. |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME | \\ticrs\EXPORT10\IMAGEOUT 10\780\928\78092838\xml1\ ROA0002.JPG |
| DESCRIPTION OF EVIDENCE FILE | Notice of Judgment |
| SIGNATURE SECTION | |
| SIGNATURE | /J Scott/ |
| SIGNATORY NAME | James Scott |
| SIGNATORY POSITION | Attorneys for Applicant |
| SIGNATORY DATE | 06/16/2004 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Jun 16 13:17:08 EDT 2004 |
| TEAS STAMP | USPTO/OA-XXXXXXXX-2004061 6131708986076-78092838-20 01c23458cfe5dac141e85bdab 071c51e-N-N-2004061613142 4309379 |
| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 78092838 is amended as follows: | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
SUPPLEMENTAL RESPONSE
This Supplemental Response supplements the Response dated October 10, 2003. Registration of the above-identified mark has been refused because it was alleged that the applicant's mark could likely be confused with the registered mark in U.S. Registration No. 14208014 PRO-FIT as applied to steel frames for doors, entryways and entry systems. Applicant filed a Petition to Cancel the cited registration and also requested that action on the above-noted application be suspended under 37 CFR Section 2.67 pending the outcome of the cancellation proceedings. Action on the application has been suspended pending disposition of Cancellation No. 92041229. Applicant submits that judgment by default has been entered against the owner of the cited registration and that the Petition to Cancel has been granted. Accordingly, Registration No. 14208014 will be canceled in due course. A copy of the notice from the Trademark Trial and Appeal Board is attached. In light of the foregoing, Applicant requests that the refusal under Section 2(d) be removed and that Applicant's application be removed from suspension and approved for publication. |
|
| Evidence | |
| Evidence in the nature of Notice of Judgment has been attached. | |
| Evidence-1 | |
| Response Signature | |
| Signature: /J Scott/ Date: 06/16/2004 | |
| Signatory's Name: James Scott | |
| Signatory's Position: Attorneys for Applicant | |
| Serial Number: 78092838 | |
| Internet Transmission Date: Wed Jun 16 13:17:08 EDT 2004 | |
| TEAS Stamp: USPTO/OA-XXXXXXXX-20040616131708986076-7 8092838-2001c23458cfe5dac141e85bdab071c5 1e-N-N-20040616131424309379 |
