Response to Office Action

TRUSTI

Antahi Innovations Limited

Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 79210050
LAW OFFICE ASSIGNED LAW OFFICE 113
MARK SECTION
MARK http://uspto.report/TM/79210050/mark.png
LITERAL ELEMENT TRUSTI
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.
OWNER SECTION (current)
NAME Antahi Innovations Limited
INTERNAL ADDRESS 179 Taylor Street,
STREET Leamington; Cambridge 3434
COUNTRY New Zealand
OWNER SECTION (proposed)
NAME Antahi Innovations Limited
INTERNAL ADDRESS 179 Taylor Street,
STREET Leamington; Cambridge 3434
COUNTRY New Zealand
EMAIL XXXX
AUTHORIZED TO COMMUNICATE VIA E-MAIL Yes
LEGAL ENTITY SECTION (current)
TYPE limited liability company
STATE/COUNTRY WHERE LEGALLY ORGANIZED New Zealand
LEGAL ENTITY SECTION (proposed)
TYPE limited company (ltd.)
STATE/COUNTRY WHERE LEGALLY ORGANIZED New Zealand
ARGUMENT(S)

The examining attorney has denied registration of the proposed mark TRUSTI for the services in International Class 044 on the ground that it is confusingly similar to the marks in Registration Nos. 3,873,893 and 4,180,151, namely, TRUSTY VET and  TRUSTY VET AFFORDABLE PET CARE for veterinary services; pet grooming services under Trademark Act Section 2(d).  However, although the examining attorney has denied registration of the proposed mark, the examining attorney has advised in the Office Action that the applicant may overcome the Section 2(d) refusal by deleting the services in Class 044 from the application. 

The applicant disagrees with the examining attorney's conclusion that a likelihood of confusion exists between the proposed mark and the cited registered marks.  However, in an effort to advance the proposed mark to registration, the applicant respectfully requests that the services in Class 044 be deleted from the application.  The deletion of said class is not an admission that the Section 2(d) refusal is appropriate or that a likelihood of confusion exists between the proposed mark and the cited registered marks, but is merely a means to advance the mark to registration. 

GOODS AND/OR SERVICES SECTION (010)(no change)
GOODS AND/OR SERVICES SECTION (044)(class deleted)
SIGNATURE SECTION
RESPONSE SIGNATURE /cmbaker/
SIGNATORY'S NAME Christine M. Baker
SIGNATORY'S POSITION Attorney for Applicant
SIGNATORY'S PHONE NUMBER 617 542 6000 ext. 522796
DATE SIGNED 10/16/2017
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Oct 17 00:31:32 EDT 2017
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20171017003132364888-7921
0050-5101449379ed7bc6ca77
138c1f29c2d9a1b4327e75733
7c83a454d7a68df8e44-N/A-N
/A-20171017000012194381



Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 79210050 TRUSTI(Standard Characters, see http://uspto.report/TM/79210050/mark.png) has been amended as follows:

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

The examining attorney has denied registration of the proposed mark TRUSTI for the services in International Class 044 on the ground that it is confusingly similar to the marks in Registration Nos. 3,873,893 and 4,180,151, namely, TRUSTY VET and  TRUSTY VET AFFORDABLE PET CARE for veterinary services; pet grooming services under Trademark Act Section 2(d).  However, although the examining attorney has denied registration of the proposed mark, the examining attorney has advised in the Office Action that the applicant may overcome the Section 2(d) refusal by deleting the services in Class 044 from the application. 

The applicant disagrees with the examining attorney's conclusion that a likelihood of confusion exists between the proposed mark and the cited registered marks.  However, in an effort to advance the proposed mark to registration, the applicant respectfully requests that the services in Class 044 be deleted from the application.  The deletion of said class is not an admission that the Section 2(d) refusal is appropriate or that a likelihood of confusion exists between the proposed mark and the cited registered marks, but is merely a means to advance the mark to registration. 



CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 044 for Provision of animal husbandry services; veterinary and animal hygiene services; agriculture services; hygienic care for animals; advisory services relating to the care of pet animals; including all the aforesaid services provided online through the internet or intranets and by other communication media

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Antahi Innovations Limited, a limited liability company legally organized under the laws of New Zealand, having an address of
      
      179 Taylor Street,Leamington; Cambridge 3434
      ,
      New Zealand

Proposed: Antahi Innovations Limited, limited company (ltd.) legally organized under the laws of New Zealand, having an address of
      179 Taylor Street,
      Leamington; Cambridge 3434
      New Zealand
      XXXX (authorized)

SIGNATURE(S)
Response Signature
Signature: /cmbaker/     Date: 10/16/2017
Signatory's Name: Christine M. Baker
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 617 542 6000 ext. 522796

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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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: 79210050
Internet Transmission Date: Tue Oct 17 00:31:32 EDT 2017
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201710170031323
64888-79210050-5101449379ed7bc6ca77138c1
f29c2d9a1b4327e757337c83a454d7a68df8e44-
N/A-N/A-20171017000012194381



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