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. 85761519 CREST(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85761519) has been amended as follows:

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

REMARKS

The outstanding Office action refuses registration of the above-captioned mark under  15 U.S.C. § 1052(d) because the proposed mark is assertedly likely to be confused with the registered mark CRESTA (Reg. No. 3,183,142). Because the cited mark was cancelled on July 19, 2013 under Section 8 of the U.S. Trademark Act, Applicant respectfully submits that the cited registration is now moot and requests that the refusal under Section 2(d) be withdrawn.

            For the reasons set forth above, Applicant respectfully submits that the Application to register the mark is now acceptable and requests that the mark be advanced to publication.

SIGNATURE(S)
Response Signature
Signature: /Martha B. Allard/     Date: 08/12/2013
Signatory's Name: Martha B. Allard
Signatory's Position: Attorney of Record, TN Bar Member

Signatory's Phone Number: 615-742-7944

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: 85761519
Internet Transmission Date: Mon Aug 12 16:18:11 EDT 2013
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2013081216181116
7489-85761519-500ad828652c85dd4417ba17a6
abf6795eaa411395cbe7b697e1b0d84ab94-N/A-
N/A-20130812151440642242