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. 85835539 HOT SPOT(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85835539) has been amended as follows:

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

The following remarks are submitted in response to the Office Action dated May 14, 2013, which refuses registration based on a likelihood of confusion with Reg. No 1695183. For the reasons set forth below, Applicant submits that no likelihood of confusion exists with the cited registration and respectfully requests that the Examining Attorney withdraw the Section 2(d) refusal. 

REMARKS

 

In the Office Action, the Examining Attorney cited registration for HOT SPOT (U.S. Reg. No. 1695183).  The owner of this cited registration, Sterno Group LLC, is a wholly owned subsidiary of the Applicant, Candle Lamp Company, LLC d/b/a SternoCandleLamp and thus controls the activities of the registrant.  Since Applicant wholly owns the registrant, unity of control is present, the entities constitute a single source, and there is no likelihood of confusion under §2(d).  Applicant has provided these assertions in the form of a declaration under 37 C.F.R. §2.20, TMEP § 1201.07(b)(ii). Because Applicant and Sterno Group LLC, though separate legal entities, constitute a single source, a §2(d) refusal is inappropriate.

 

Applicant submits that it has addressed the issues raised in the Office Action issued May 14, 2013 and requests that the Subject Application be passed to publication.  Should the Examining Attorney have any questions, the Examining Attorney is encouraged to contact the undersigned.

 

EVIDENCE
Evidence in the nature of Declaration has been attached.
Original PDF file:
evi_1732271971-173627170_._2013-10-31_Declaration_-_CNDLC.178T.PDF
Converted PDF file(s) ( 1 page)
Evidence-1

SIGNATURE(S)
Response Signature
Signature: /Linda H. Liu/     Date: 11/08/2013
Signatory's Name: Linda H. Liu
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 949-760-0404

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: 85835539
Internet Transmission Date: Fri Nov 08 16:33:44 EST 2013
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2013110816334493
7674-85835539-50075cfb6cf553ecdf6fed89e4
9fff367f246a5e9e622a4e7a152680db8c6f-N/A
-N/A-20131108140357508219