Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 85261168 FIERCE(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85261168) has been amended as follows:

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

 

 

AMENDMENT

 

Mark:                          FIERCE

Application No.:         85/261,168

Applicant:                   Lincoln Global, Inc.

Examining Attorney:  Daniel Capshaw

Law Office:                110

Attorney Docket:        201990.05785

 

 

REMARKS

 

In the Office Action e-mailed May 26, 2011, the Examining Attorney refused registration of Applicant’s mark FIERCE under Trademark Act Section 2(d) based on likelihood of confusion with U.S. Registration 3,838,185, (FIERCE TOOLS WITH BITE & design), owned by EZ-FLO International, Inc. 

 

By this Amendment, Applicant submits a signed Consent and Co-Existence Agreement between Applicant and EZ-Flo International, Inc., evidencing that the parties do not believe that consumers will be confused by the use of the respective trademarks and that they will work together to resolve any issues should either party believe that consumer confusion has occurred.

 

In light of the foregoing, Applicant respectfully requests reconsideration of the application and submits that the application is now in condition for publication.

 

Respectfully submitted,

/Amanda H. Wilcox/

Attorney for Applicant

Hahn Loeser & Parks LLP

One GOJO Plaza, Suite 300

Akron, OH 44311-1076

trademarks@hahnlaw.com

330.864.5550 (voice)

330.864.7986 (fax)

EVIDENCE
Evidence in the nature of Consent between Lincoln Global, Inc. and EZ-Flo International. has been attached.
Original PDF file:
evi_38101576-100213130_._201990.05785_CONSENT.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

SIGNATURE(S)
Response Signature
Signature: /Amanda H. Wilcox/     Date: 11/28/2011
Signatory's Name: Amanda H. Wilcox
Signatory's Position: Attorney of Record, Ohio Bar Member

Signatory's Phone Number: 330-864-5550

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: 85261168
Internet Transmission Date: Mon Nov 28 10:22:06 EST 2011
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-201111281022068133
42-85261168-490f1fc21b192aef955d01c5e7ff
1b79659-N/A-N/A-20111128100213130748