NOTE TO THE FILE
SERIAL NUMBER: 79179220
DATE: 08/03/2018
NAME: dsander
NOTE:
Drew,
As mentioned in my message, this identification requirement is difficult to explain to my client, as they have two recently registered marks, as well as two pending (recently approved) application featuring the IDENTICAL language that you have objected to in your most recent non-final for the mark ATOMOS (SN 79179220). Details regarding my client’s other marks are below. As such, the subject ATOMOS application should be in condition for publication and should be able to follow suit with my client’s co-pending marks that were approved or have registered with the same language.
· 5319163 A ATOMOS – registered October 31, 2017
· 5314155 A -- October 24, 2017
· Pending (approved) App. No. 79204850 for SAMURAI BLADE – published Jun. 26, 2018
· Pending (approved) App. No. 79198888 for EMPEROR – published April 10, 2018
My understanding is that there is a consistency initiative to avoid/address issues such as this (http://www.gov.uspto.report/trademark/trademark-updates-and-announcements/consistency-initiative). Please advise. Thank you.
Best,
Jennifer