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. 85633039 WEARGUARD(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85633039) has been amended as follows:

ADDITIONAL STATEMENTS
Miscellaneous Statement
The Examining Attorney has initially refused registration based on a finding that this application and U.S. Trademark Registration No. 1,195,780 for WEARGUARD appear to be exact duplicates. Based upon the following submissions, Applicant respectfully requests that this refusal to register be withdrawn and the subject application be approved for registration. Registration No. 1,195,780 was cancelled due to failure to renew in 2002 by the previous counsel. Registrations issued before 1988 have terms of 20 years. Registration No. 1,195,780 was issued on May 18, 1982, and a 8 & 15 Combined Declaration was filed in 1986. The registration should have been renewed in 2002, but no action was taken. The records in the Trademark Electronic Search System (TESS) erroneously shows the registration as "LIVE" due to the online filing of an assignment recordation of a security interest filed 2007 (Reel/Frame No. 3476/0625) and the corrective recordations filed May 2010 (Reel/Frame No. 4201/0837) and July 15, 2010 (Reel/Frame No. 4242/0517) for several registrations including Registration No. 1,195,780. Applicant brought this registration status error at TESS to the Office's attention but the correction has not been made. Further, attempts to file a Combined Declaration of Use or renewal of Registration No. 1,195,780 at Trademark Electronic Application System (TEAS) are rejected online, and an error message is returned, stating that the registration could not be renewed and was cancelled due to failure to renew past statutory filing deadline. In light of the cancellation of Registration No. 1,195,780, the subject application was submitted as a refiling of the WEARGUARD mark. In view of the foregoing, Applicant respectfully requests that the Examining Attorney approve the subject application for publication and, in due course, to registration.

Original PDF file:
mis-3898229171-185438806_._OAR_for_WEARGUARD_SN_85633039_-_Duplicate_of_a_Registration.pdf
Converted PDF file(s) ( 2 pages)
Miscellaneous File1
Miscellaneous File2

SIGNATURE(S)
Response Signature
Signature: /Camille M. Miller/     Date: 09/25/2012
Signatory's Name: Camille M. Miller
Signatory's Position: Attorney of record, Pennsylvania bar member

Signatory's Phone Number: 2156657273

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: 85633039
Internet Transmission Date: Tue Sep 25 19:01:15 EDT 2012
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2012092519011552
1605-85633039-4907c4669ed32ec1b98b4815a6
9bb18ee-N/A-N/A-20120925185438806597