Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 85029231 has been amended as follows:

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

PRIOR-FILED APPLICATION

 

The Office has searched the Office’s database of registered and pending marks and has found no similar registered mark that would bar registration under Trademark Act Section 2(d).  TMEP §704.02; see 15 U.S.C. §1052(d).  However, the Office has indicated that if a mark in a prior-filed pending application, Application Serial No. 77738013 registers, the Office may refuse registration of the Applicant’s currently pending mark under Trademark Act. Section 2(d) because of a likelihood of confusion between the two marks.  See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq.

 

The Office has indicated that the Applicant may now present arguments for registration regarding the issue of the potential conflict between applicant’s mark and the mark in the referenced application or present such arguments later without prejudice after final disposition of prior-filed pending application. 

 

The Office has further indicated that with the filing of a Reply responsive to the present Office Action, the Office shall suspend prosecution of the present application until disposition of the prior-filed pending application, Application Serial No. 77738013.

 

The Applicant reserves at this time the right to present at a later time without prejudice argument for registration of the applied-for mark in light of the Office’s perceived likelihood of confusion that could result as a result of the prior pending mark’s registration.

 

CLAIM OF OWNERSHIP OF REGISTRATION

 

The Office has indicated that if the Applicant is the owner of the owner of U.S. Registration No. 3776653 it should amend the present Application to claim same.

 

The Applicant is the owner of said registration and accordingly requests amendment to the present application as follows:

 

Applicant is the owner of U.S. Registration No. 3776653.

 

The Applicant thanks the Examining Attorney for the time and effort that she has expended on the present Application.

ADDITIONAL STATEMENTS
Claim of Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 3776653.

SIGNATURE(S)
Response Signature
Signature: /john d. long, esq./     Date: 02/09/2011
Signatory's Name: John D. Long, Esq.
Signatory's Position: Counsel for Applicant, Nevada bar member

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: 85029231
Internet Transmission Date: Wed Feb 09 17:11:38 EST 2011
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20110209171138707
691-85029231-480ce3d91ccad6b11f2dd7df29a
cab34667-N/A-N/A-20110209161645142140