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. 85041414 has been amended as follows:

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

Applicant does not believe there is a likelihood of confusion with the mark BASE LINE in U.S. Application No. 85/015,873.  However, rather than presenting arguements at this time, Applicant requests suspension of the present application pending the disposition of the cited application.

 

The Examining Attorney has suggested that the mark on the specimen disagrees with the mark on the drawing page of the application.  Applicant would like to bring to the Examining Attorney's attention that the "VB" designation that appears on the specimen means "volleyball" and is simply used to designate that particular short as the BASELINE volleyball short.  Thus, the "VB" designation is a non-distinctive, extraneous element that does not function as part of the mark.  Applicant contends that a substitute specimen is not necessary in this instance as the mark on the drawing is substantially an exact representation of the mark on the specimen and the use of "VB" is merely to designate a style of the BASELINE short.

 

In view of the foregoing remarks, it is believed this application is in condition for suspension.  Favorable action is therefore requested.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
MICHAEL E. ZALL
2 YORKSHIRE DR
SUFFERN, NY 10901-7414

Proposed:
Michael E. Zall of ASICS America Corporation, having an address of
29 Parker, Suite 100 Irvine, California 92618
United States
marks@asicsamerica.com
949-727-7165
949-453-0447
The attorney docket/reference number is 10-555.



SIGNATURE(S)
Response Signature
Signature: /mcs/     Date: 02/28/2011
Signatory's Name: Mark C. Schollaert
Signatory's Position: Associate of Attorney of Record, California 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.

Mailing Address:    Michael E. Zall
   ASICS America Corporation
   29 Parker, Suite 100
   Irvine, California 92618
        
Serial Number: 85041414
Internet Transmission Date: Mon Feb 28 14:15:04 EST 2011
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20110228141504
782665-85041414-480f5d28edd2eb12112625d1
ded1d64579-N/A-N/A-20110228130208822560