Response to Office Action

QUINTESSENTIAL BRANDS

QUINTESSENTIAL BRANDS S.A.

Response to Office Action

PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 79114552
LAW OFFICE ASSIGNED LAW OFFICE 108
MARK SECTION
MARK http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=79114552
LITERAL ELEMENT QUINTESSENTIAL BRANDS
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ARGUMENT(S)

The Examining Attorney has maintained an initial potential refusal to register the applicant's mark in light of prior pending Serial No. 85515211.  In addition, the Examiner has raised Serial No. 79/117190 as a potential bar to the applicant's registration. 

 

The office action issued on February 14, 2013, indicates that a response is due within 6 months of the mailing date.  However, the only issues raised in that office action are a continuation of the possibility of a refusal based on 85/515211 and the potential for a refusal based on 79/117790.  As neither of the pending applications have matured to registration, no refusal under Section 2(d) has yet been issued and it would appear that no substantive response to either of these potential citations is required at this time.  The applicant stands by the arguments previously submitted regarding 85/515211, but notes that as of July 29, 2013, Application 85/515211 is the subject of a final refusal issued April 8, 2013.  Application 79/117790 is also the subject of a final refusal issued April 23, 2013.  The final refusal issued to 85/515211 cites Registration 3224142 (owned by Quintessential Brands, the applicant herein) as the bar to registration.  

The applicant reserves the right to respond should registration be ultimately refused on the basis of any registration resulting from either of the prior pending marks noted herein and requests that the Examining Attorney suspend prosecution of this application pending the disposition of the two prior filed applications raised as potential bars.   

 

 

SIGNATURE SECTION
RESPONSE SIGNATURE /RachelBlue/
SIGNATORY'S NAME Rachel Blue
SIGNATORY'S POSITION Attorney of record, Oklahoma bar member
SIGNATORY'S PHONE NUMBER 918-574-3007
DATE SIGNED 07/29/2013
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Jul 29 16:13:25 EDT 2013
TEAS STAMP USPTO/ROA-XX.XXX.XX.XX-20
130729161325884880-791145
52-500ebb76b649fb496e38a1
5af3537327c12de09d8762c70
663cb6e658b31374-N/A-N/A-
20130729154822635118



PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 79114552 QUINTESSENTIAL BRANDS(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=79114552) has been amended as follows:

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

The Examining Attorney has maintained an initial potential refusal to register the applicant's mark in light of prior pending Serial No. 85515211.  In addition, the Examiner has raised Serial No. 79/117190 as a potential bar to the applicant's registration. 

 

The office action issued on February 14, 2013, indicates that a response is due within 6 months of the mailing date.  However, the only issues raised in that office action are a continuation of the possibility of a refusal based on 85/515211 and the potential for a refusal based on 79/117790.  As neither of the pending applications have matured to registration, no refusal under Section 2(d) has yet been issued and it would appear that no substantive response to either of these potential citations is required at this time.  The applicant stands by the arguments previously submitted regarding 85/515211, but notes that as of July 29, 2013, Application 85/515211 is the subject of a final refusal issued April 8, 2013.  Application 79/117790 is also the subject of a final refusal issued April 23, 2013.  The final refusal issued to 85/515211 cites Registration 3224142 (owned by Quintessential Brands, the applicant herein) as the bar to registration.  

The applicant reserves the right to respond should registration be ultimately refused on the basis of any registration resulting from either of the prior pending marks noted herein and requests that the Examining Attorney suspend prosecution of this application pending the disposition of the two prior filed applications raised as potential bars.   

 

 



SIGNATURE(S)
Response Signature
Signature: /RachelBlue/     Date: 07/29/2013
Signatory's Name: Rachel Blue
Signatory's Position: Attorney of record, Oklahoma bar member

Signatory's Phone Number: 918-574-3007

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.

        
Serial Number: 79114552
Internet Transmission Date: Mon Jul 29 16:13:25 EDT 2013
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20130729161325884
880-79114552-500ebb76b649fb496e38a15af35
37327c12de09d8762c70663cb6e658b31374-N/A
-N/A-20130729154822635118



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