Response to Office Action

PEP

Pettet Endurance Project LLC

Response to Office Action

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 NUMBER 85930565
LAW OFFICE ASSIGNED LAW OFFICE 116
MARK SECTION
MARK FILE NAME http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85930565
LITERAL ELEMENT PEP
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
ARGUMENT(S)
Registration of the mark was initially refused under Section 2(d) based on likelihood of confusion with US Registration No. 1674332. Since the office action was issued, the status of Registration No. 1674332 has been updated and is no longer active. The cited registration was cancelled under Section 8 as of February 18, 2014. Thus, the cited registration should no longer bar the pending application and Applicant respectfully requests that the Section 2(d) refusal be withdrawn.
SIGNATURE SECTION
RESPONSE SIGNATURE /Kevin Steinacker/
SIGNATORY'S NAME Kevin Steinacker
SIGNATORY'S POSITION Attorney of record, Washington bar member
SIGNATORY'S PHONE NUMBER 253-242-3558
DATE SIGNED 02/19/2014
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Feb 19 14:24:57 EST 2014
TEAS STAMP USPTO/ROA-XX.XXX.X.XXX-20
140219142457741801-859305
65-50034b7ed38796cf96684d
5a4f315de2b3d8e907c98c5a4
5a1c5f13a9962599-N/A-N/A-
20140219140948385149



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. 85930565 PEP (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85930565) has been amended as follows:

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

Registration of the mark was initially refused under Section 2(d) based on likelihood of confusion with US Registration No. 1674332. Since the office action was issued, the status of Registration No. 1674332 has been updated and is no longer active. The cited registration was cancelled under Section 8 as of February 18, 2014. Thus, the cited registration should no longer bar the pending application and Applicant respectfully requests that the Section 2(d) refusal be withdrawn.

SIGNATURE(S)
Response Signature
Signature: /Kevin Steinacker/     Date: 02/19/2014
Signatory's Name: Kevin Steinacker
Signatory's Position: Attorney of record, Washington bar member

Signatory's Phone Number: 253-242-3558

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: 85930565
Internet Transmission Date: Wed Feb 19 14:24:57 EST 2014
TEAS Stamp: USPTO/ROA-XX.XXX.X.XXX-20140219142457741
801-85930565-50034b7ed38796cf96684d5a4f3
15de2b3d8e907c98c5a45a1c5f13a9962599-N/A
-N/A-20140219140948385149



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