| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
| Input Field |
Entered |
| SERIAL NUMBER | 78846062 |
| LAW OFFICE ASSIGNED | LAW OFFICE 101 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
Dear Mr. Fahrenkopf:
Applicant responds to the Trademark Office Action dated September 8, 2006, issued in the above-identified application. In the Action, the Examiner refused registration under Section 2(d) based on U.S. Registration No. 2,510,710. Applicant and Registrant have found that there is no likelihood of confusion between their marks or respective uses are executing an Agreement and Consent to Use and Register. In light of this agreement, the Trademark Attorney may review the issue of likelihood of confusion and conclude that confusion is not likely.
R E M A R K S
The Trademark Attorney determined that there was a likelihood of confusion between Applicant's mark and Registration No. 2,510,710. Applicant respectfully requests the Trademark Attorney reconsider this position based on information not previously available.
Vector Snowboards, Inc., dba Venture Company and Venture Snowboards, the owner of Registration No. 2,510,710, and Applicant have conferred, and believe themselves that there is no likelihood of confusion. They have accordingly agreed in principle that each party may register its respective marks, and have agreed in principle to take whatever steps are necessary to insure that no confusion arises.
A copy of the parties' draft agreement regarding the respective registration of their marks is enclosed as Exhibit A. Applicant believes that it will be signed shortly, but not within the deadline for filing this response. Applicant requests that the consent be considered even though it is not fully executed. As such agreements of the parties are entitled to deference, Applicant respectfully requests that the refusal based on the cited mark be withdrawn. See In re Four Seasons Hotels, Ltd., 987 F. 2d 1565 (CAFC 1993); In re E.I. DuPont de Nemours & Co., 476 F. 2d 1357 (CCPA 1973).
CONCLUSION
As no other marks were cited against the application, Applicant respectfully submits that this application is in order for approval and passage to publication. However, if any other issues remain which needs to be addressed, please telephone the undersigned attorney for Applicant before issuing a further action.
Respectfully submitted,
/anne hiaring/
Anne Hiaring, Esq. Attorney of record LAW OFFICE OF ANNE HIARING 19 Brookmont San Anselmo, CA 94960-1412 (415) 457-2040 Fax (415) 457-2822 info@hiaringlaw.com
|
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME(S) | |
| ORIGINAL PDF FILE | evi_69181159117-143159973_._Consent_Agreement_w-Vector_Snowboards.pdf |
| CONVERTED PDF FILE(S) (3 pages) |
\\TICRS2\EXPORT12\788\460 \78846062\xml1\ROA0002.JP G |
| \\TICRS2\EXPORT12\788\460 \78846062\xml1\ROA0003.JP G | |
| \\TICRS2\EXPORT12\788\460 \78846062\xml1\ROA0004.JP G | |
| DESCRIPTION OF EVIDENCE FILE | Agreement and Consent to Use and Registration |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /anne hiaring/ |
| SIGNATORY'S NAME | Anne Hiaring |
| SIGNATORY'S POSITION | Attorney of record |
| DATE SIGNED | 03/08/2007 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu Mar 08 14:36:57 EST 2007 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XXX.XXX- 20070308143657152175-7884 6062-3708f931ab799efba4e6 e37814cfe0a438-N/A-N/A-20 070308143159973243 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
Dear Mr. Fahrenkopf:
Applicant responds to the Trademark Office Action dated September 8, 2006, issued in the above-identified application. In the Action, the Examiner refused registration under Section 2(d) based on U.S. Registration No. 2,510,710. Applicant and Registrant have found that there is no likelihood of confusion between their marks or respective uses are executing an Agreement and Consent to Use and Register. In light of this agreement, the Trademark Attorney may review the issue of likelihood of confusion and conclude that confusion is not likely.
The Trademark Attorney determined that there was a likelihood of confusion between Applicant's mark and Registration No. 2,510,710. Applicant respectfully requests the Trademark Attorney reconsider this position based on information not previously available.
Vector Snowboards, Inc., dba Venture Company and Venture Snowboards, the owner of Registration No. 2,510,710, and Applicant have conferred, and believe themselves that there is no likelihood of confusion. They have accordingly agreed in principle that each party may register its respective marks, and have agreed in principle to take whatever steps are necessary to insure that no confusion arises.
A copy of the parties' draft agreement regarding the respective registration of their marks is enclosed as Exhibit A. Applicant believes that it will be signed shortly, but not within the deadline for filing this response. Applicant requests that the consent be considered even though it is not fully executed. As such agreements of the parties are entitled to deference, Applicant respectfully requests that the refusal based on the cited mark be withdrawn. See In re Four Seasons Hotels, Ltd., 987 F. 2d 1565 (CAFC 1993); In re E.I. DuPont de Nemours & Co., 476 F. 2d 1357 (CCPA 1973).
As no other marks were cited against the application, Applicant respectfully submits that this application is in order for approval and passage to publication. However, if any other issues remain which needs to be addressed, please telephone the undersigned attorney for Applicant before issuing a further action.
Respectfully submitted,
/anne hiaring/
Anne Hiaring, Esq.
Attorney of record
LAW OFFICE OF ANNE HIARING
19 Brookmont
San Anselmo, CA 94960-1412
(415) 457-2040
Fax (415) 457-2822
info@hiaringlaw.com
