PTO Form 1960 (Rev 9/2007) |
OMB No. 0651-0050 (Exp. 07/31/2017) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 85871695 |
LAW OFFICE ASSIGNED | LAW OFFICE 110 |
MARK SECTION | |
MARK | http://uspto.report/TM/85871695/mark.png |
LITERAL ELEMENT | EARTH ELEMENTS |
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) | |
This is in response to the Office Action dated January 13, 2014. Remarks The Examining Attorney has maintained and made final the refusal of the application for EARTH ELEMENTS based on the belief that there is a likelihood of confusion with U.S. Registration No. 3,477,137 for ELEMENTS OF EARTH JEWELRY WOMEN: BEAUTIFUL COURAGEOUS VIBRANT RESILIENT POWERFUL & Design in class 14. The cited mark registered on July 29, 2008 and the deadline for filing the Section 8 Declaration of Use for this registration is July 29, 2014. The Section 8 declaration has not been filed yet and the grace period for filing it ends on January 29, 2015. Pursuant to § 716.02(e) of the Trademark Manual of Examining Procedure, Applicant respectfully requests that its application be suspended to determine if the Section 8 declaration for the cited registration is filed during the grace period and if the cited registration is to be canceled or not. |
|
SIGNATURE SECTION | |
RESPONSE SIGNATURE | /StacieKSmith/ |
SIGNATORY'S NAME | Stacie K. Smith |
SIGNATORY'S POSITION | Attorney of record, Arizona bar member |
DATE SIGNED | 07/14/2014 |
AUTHORIZED SIGNATORY | YES |
CONCURRENT APPEAL NOTICE FILED | NO |
FILING INFORMATION SECTION | |
SUBMIT DATE | Mon Jul 14 14:31:32 EDT 2014 |
TEAS STAMP | USPTO/RFR-XX.XXX.XX.XXX-2 0140714143132060975-85871 695-500ee349a9110594f6bb8 fb675f75c25092a1368a7bd01 2099f3dce968dde22ef4-N/A- N/A-20140711154319621002 |
PTO Form 1960 (Rev 9/2007) |
OMB No. 0651-0050 (Exp. 07/31/2017) |
This is in response to the Office Action dated January 13, 2014.
Remarks
The Examining Attorney has maintained and made final the refusal of the application for EARTH ELEMENTS based on the belief that there is a likelihood of confusion with U.S. Registration No. 3,477,137 for ELEMENTS OF EARTH JEWELRY WOMEN: BEAUTIFUL COURAGEOUS VIBRANT RESILIENT POWERFUL & Design in class 14. The cited mark registered on July 29, 2008 and the deadline for filing the Section 8 Declaration of Use for this registration is July 29, 2014. The Section 8 declaration has not been filed yet and the grace period for filing it ends on January 29, 2015. Pursuant to § 716.02(e) of the Trademark Manual of Examining Procedure, Applicant respectfully requests that its application be suspended to determine if the Section 8 declaration for the cited registration is filed during the grace period and if the cited registration is to be canceled or not.