PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER85368506
LAW OFFICE ASSIGNEDLAW OFFICE 108
MARK SECTION
MARK http://tess2.uspto.gov/ImageAgent/ImageAgentProxy?getImage=85368506
LITERAL ELEMENT ADRENALINE
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)
Applicant notes the Examining Attorney's citation of prior existing registration against the present application based on a belief that a likelihood of confusion is possible. Applicant traverses the refusal. Applicant has amended the description of goods in the present application to delete audio speakers. In light of such amendment, Applicant argues that no likelihood of confusion exists and respectfully requests that the present application be approved for publication.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS009
DESCRIPTIONAudio speakers; Electronic docking stations; Headphones
FILING BASISSection 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS009
TRACKED TEXT DESCRIPTION
Audio speakers; Electronic docking stations; Headphones
FINAL DESCRIPTIONElectronic docking stations; Headphones
FILING BASISSection 1(b)
SIGNATURE SECTION
RESPONSE SIGNATURE /Matthew Powelson/
SIGNATORY'S NAME Matthew Powelson
SIGNATORY'S POSITION Attorney of Record, California Bar Member
SIGNATORY'S PHONE NUMBER 831-261-1153
DATE SIGNED 04/06/2012
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Apr 06 09:45:32 EDT 2012
TEAS STAMP USPTO/ROA-XX.XX.XXX.XXX-2
0120406094532259406-85368
506-490f7a07be0a44b361d77
2646cb80f34c61-N/A-N/A-20
120406094230520056


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. 85368506 ADRENALINE(Standard Characters, see http://tess2.uspto.gov/ImageAgent/ImageAgentProxy?getImage=85368506) has been amended as follows:

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

Applicant notes the Examining Attorney's citation of prior existing registration against the present application based on a belief that a likelihood of confusion is possible. Applicant traverses the refusal. Applicant has amended the description of goods in the present application to delete audio speakers. In light of such amendment, Applicant argues that no likelihood of confusion exists and respectfully requests that the present application be approved for publication.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Audio speakers; Electronic docking stations; Headphones
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Audio speakers; Electronic docking stations; Headphones

Class 009 for Electronic docking stations; Headphones
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

SIGNATURE(S)
Response Signature
Signature: /Matthew Powelson/     Date: 04/06/2012
Signatory's Name: Matthew Powelson
Signatory's Position: Attorney of Record, California Bar Member

Signatory's Phone Number: 831-261-1153

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: 85368506
Internet Transmission Date: Fri Apr 06 09:45:32 EDT 2012
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2012040609453225
9406-85368506-490f7a07be0a44b361d772646c
b80f34c61-N/A-N/A-20120406094230520056