NOTE TO THE FILE
SERIAL NUMBER: 85074055
DATE: 01/11/2012
NAME: msouders
NOTE:
Searched: Discussed ID with:
Google Senior Atty
Lexis/Nexis Managing Atty
OneLook
Wikipedia
Acronym Finder Protest evidence reviewed
Other:Checked: Discussed Geo. Sig. with:
Geographic significance Senior Atty
Surname Managing Atty
Translation
ID with ID/CLASS mailboxDiscussed file with
Attorney/Applicant via:
phone Left message with
email Attorney/ApplicantRequested Law Library search Issued Examiner’s Amendment
for: and entered changes in TRADEUPSPRINT DO NOT PRINT Added design code in TRADEUPS
Description of the mark
Translation statement Re-imaged standard character
drawing
Negative translation statement
Consent of living individual Contacted TM MADRID ID/CLASS
about misclassified definite ID
Changed TRADEUPS to:X OTHER: Incoming email of 1/10/2012
Dear Examiner Souders,
The purpose of this correspondence is to alert you of a provision in Section 1213 of the TBMP (Suspension of Appeal). In particular, Chapter 1200 (page 70) states that, “[i]f it comes to the attention of the examining attorney, in the case of a refusal based on likelihood of confusion with a registered mark…, that the grace period for filing an affidavit of continued use…, and Office records do not indicate that such paper has been submitted, the examining attorney may request remand so the application can be suspended pending final disposition of the cited registration.”
Here, the cited registration for CRUSADER (U.S. Reg. No. 3035341) is within the grace period, and to date, no affidavit of use is on record. This constitutes good cause for remand and suspension of the application, especially considering this registration is the only one cited in the case.
Please contact me at your earliest convenience regarding this matter. The appeal brief is due on January 14.
I thank you in advance for your efforts.
-Sara
Sara C. Kanos
Patent Attorney
Nexsen Pruet, LLC
55 E. Camperdown Way, Suite 400
Greenville, SC 29601
Post Office Drawer 10648 (29603)
T: 864.282.1171, F: 8644772612
SKanos@nexsenpruet.com