| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 78207202 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
| The sole reason cited by the examining attorney that prevents this application from proceeding to publication is the prior-filed application for FLAVIA AYERS (S/N
78175710). The applicant has previously presented arguments, in a Response to Office Action filed on 1/5/04, establising why there would be no likelihood of confusion between
applicant's mark and the '710 prior application. Understandably, the examining attorney deferred any decision on this issue until the disposition of the '710 application was completed. As a result, the applicant contacted the owner of the '710 application to discuss the matter. The parties mutuallly came to the conclusion that the respective two trademarks were clearly different in the appearance and import of the marks themselves, as well as the different channels of trade that the respective products were sold in, so that there would be no consumer confusion created. In December of 2004, the parties executed an Agreement to that effect. Attached is a copy of that executed agreement. In addition to the clear diferences in the actual trademarks, applicant's use on kitchen textiles, namely tea towels and table linens, is far different from the "710 applicant's use on various upscale leather goods and clothing items. For the reasons cited in th attached agreement, as well as the arguments made in the 1/5/04 Response to Office Action, the applicant respectfully requests that the pending suspension should be withdrawn and the application be published for opposition. |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME | \\TICRS\EXPORT11\IMAGEOUT 11\782\072\78207202\xml1\ ROA0002.JPG |
| DESCRIPTION OF EVIDENCE FILE | Page 1 of agreement between Flavia's Legacy and TSW Management. |
| EVIDENCE FILE NAME | \\TICRS\EXPORT11\IMAGEOUT 11\782\072\78207202\xml1\ ROA0003.JPG |
| DESCRIPTION OF EVIDENCE FILE | Page 2 of Agreement |
| EVIDENCE FILE NAME | \\TICRS\EXPORT11\IMAGEOUT 11\782\072\78207202\xml1\ ROA0004.JPG |
| DESCRIPTION OF EVIDENCE FILE | Page 3 of Agreement |
| EVIDENCE FILE NAME | \\TICRS\EXPORT11\IMAGEOUT 11\782\072\78207202\xml1\ ROA0005.JPG |
| DESCRIPTION OF EVIDENCE FILE | Page 4 of Agreement |
| GOODS AND/OR SERVICES SECTION (no change) | |
| SIGNATURE SECTION | |
| SIGNATURE | /hkk/ |
| SIGNATORY NAME | Harold K. Kyle |
| SIGNATORY POSITION | Attorney for Applicant |
| SIGNATORY DATE | 01/13/2005 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu Jan 13 20:30:18 EST 2005 |
| TEAS STAMP | USPTO/OA-XXXXXXX-20050113 203018138267-78207202-200 b3507687b82ece29e7b9a0fe6 c5f31ad-N-N-2005011320255 0743436 |
| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 78207202 is amended as follows: | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
| The sole reason cited by the examining attorney that prevents this application from proceeding to publication is the prior-filed application for FLAVIA AYERS (S/N 78175710). The
applicant has previously presented arguments, in a Response to Office Action filed on 1/5/04, establising why there would be no likelihood of confusion between applicant's mark and the
'710 prior application. Understandably, the examining attorney deferred any decision on this issue until the disposition of the '710 application was completed. As a result, the applicant contacted the owner of the '710 application to discuss the matter. The parties mutuallly came to the conclusion that the respective two trademarks were clearly different in the appearance and import of the marks themselves, as well as the different channels of trade that the respective products were sold in, so that there would be no consumer confusion created. In December of 2004, the parties executed an Agreement to that effect. Attached is a copy of that executed agreement. In addition to the clear diferences in the actual trademarks, applicant's use on kitchen textiles, namely tea towels and table linens, is far different from the "710 applicant's use on various upscale leather goods and clothing items. For the reasons cited in th attached agreement, as well as the arguments made in the 1/5/04 Response to Office Action, the applicant respectfully requests that the pending suspension should be withdrawn and the application be published for opposition. |
|
| Evidence | |
| Evidence in the nature of Page 1 of agreement between Flavia's Legacy and TSW Management. has been attached. | |
| Evidence-1 | |
| Evidence in the nature of Page 2 of Agreement has been attached. | |
| Evidence-2 | |
| Evidence in the nature of Page 3 of Agreement has been attached. | |
| Evidence-3 | |
| Evidence in the nature of Page 4 of Agreement has been attached. | |
| Evidence-4 | |
| Response Signature | |
| Signature: /hkk/ Date: 01/13/2005 | |
| Signatory's Name: Harold K. Kyle | |
| Signatory's Position: Attorney for Applicant | |
| Serial Number: 78207202 | |
| Internet Transmission Date: Thu Jan 13 20:30:18 EST 2005 | |
| TEAS Stamp: USPTO/OA-XXXXXXX-20050113203018138267-78 207202-200b3507687b82ece29e7b9a0fe6c5f31 ad-N-N-20050113202550743436 |
