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 |
79218713 |
LAW OFFICE ASSIGNED |
LAW OFFICE 124 |
MARK SECTION |
MARK |
http://uspto.report/TM/79218713/mark.png |
LITERAL ELEMENT |
CARDIOL |
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 Application was refused due to an alleged likelihood of confusion with Registration No. 2693218 for CARDIOL (the "Cited Registration").
In lieu of a substantive response, Applicant respectfully requests that its Application be suspended pending disposition of the Cancellation Proceedings concerning the Cited Registration.
Namely, on April 30, 2018, Applicant filed with the Trademark Trial and Appeal Board (TTAB) a Petition to Cancel the Cited Registration due to abandonment. Applicant has attached a copy of the
Petition that it filed to this response.
In light of the pending Cancellation Proceedings, Applicant asks for examination of its Application to be suspended while the status of the Cited Registration is adjudicated.
Sincerely,
Ryan M. Kaiser
Attorney for Applicant
|
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_2161710168-20180430173003744728_._Petition_for_Cancellation.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\792\187\79218713\xml7\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\792\187\79218713\xml7\ROA0003.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\792\187\79218713\xml7\ROA0004.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\792\187\79218713\xml7\ROA0005.JPG |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Ryan M. Kaiser/ |
SIGNATORY'S NAME |
Ryan M. Kaiser |
SIGNATORY'S POSITION |
Authorized Attorney (Illinois Bar) |
SIGNATORY'S PHONE NUMBER |
312-327-3328 |
DATE SIGNED |
04/30/2018 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Apr 30 17:38:37 EDT 2018 |
TEAS STAMP |
USPTO/ROA-XXX.XX.XX.XXX-2
0180430173837486461-79218
713-5105c2159af8579d3e21f
f002349ac78a03138d1353211
313e1dea7f19ccd7d8d-N/A-N
/A-20180430173003744728 |
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.
79218713 CARDIOL(Standard Characters, see http://uspto.report/TM/79218713/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
The Application was refused due to an alleged likelihood of confusion with Registration No. 2693218 for CARDIOL (the "Cited Registration"). In lieu of a substantive response, Applicant
respectfully requests that its Application be suspended pending disposition of the Cancellation Proceedings concerning the Cited Registration. Namely, on April 30, 2018, Applicant filed with
the Trademark Trial and Appeal Board (TTAB) a Petition to Cancel the Cited Registration due to abandonment. Applicant has attached a copy of the Petition that it filed to this
response.
In light of the pending Cancellation Proceedings, Applicant asks for examination of its Application to be suspended while the status of the Cited Registration is adjudicated.
Sincerely,
Ryan M. Kaiser
Attorney for Applicant
EVIDENCE
Original PDF file:
evi_2161710168-20180430173003744728_._Petition_for_Cancellation.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
SIGNATURE(S)
Response Signature
Signature: /Ryan M. Kaiser/ Date: 04/30/2018
Signatory's Name: Ryan M. Kaiser
Signatory's Position: Authorized Attorney (Illinois Bar)
Signatory's Phone Number: 312-327-3328
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: 79218713
Internet Transmission Date: Mon Apr 30 17:38:37 EDT 2018
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2018043017383748
6461-79218713-5105c2159af8579d3e21ff0023
49ac78a03138d1353211313e1dea7f19ccd7d8d-
N/A-N/A-20180430173003744728