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. 85945707 REDLINE(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85945707) has been amended as follows:

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

The present application was rejected under a Likelihood of Confusion rejection relating to the registered mark "Redline Sports and Design", US Trademark Serial Number 3417143 ('143 Trademark). Registrant dissolved its corporation on January 14, 2010 and is no longer in business. Applicant filed a Petition for Cancellation relating to the '143 Trademark (Cancellation No. 92057350), but Registrant did not respond to the Petition for Cancellation or subsequent notifications by the Trademark Trial and Appeal Board. As a result, the Board sent a notice of default to the Registrant and no response by the Registrant was filed. On September 26, 2013, the Board entered default judgment against Registrant and granted Applicant's petition to cancel the '143 Trademark and indicated the registration would "be cancelled in due course." This is recorded in TTAB Cancellation No. 92057350. In speaking with a Board representative on September 23, 2013, Applicant's representative Kenneth Booth was informed that the Trademark Office typically takes 6-8 weeks to formalize the cancellation. The previously issued Office Action dated September 13, 2013 cites only the '143 Trademark as an impediment to the Office granting the present application for Trademark. Applicant requests that the present application either be granted now if possible, or be granted immediately upon formalizing of the cancellation of the '143 Trademark. Applicant is currently expending resources and postponing business franchise opportunities and other projects that would be resolved if the registration were issued. The sooner the trademark can be granted, the better.

SIGNATURE(S)
Response Signature
Signature: /Kenneth C. Booth/     Date: 11/14/2013
Signatory's Name: Kenneth C. Booth
Signatory's Position: Attorney of record, AZ bar member

Signatory's Phone Number: 480-830-2700

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: 85945707
Internet Transmission Date: Thu Nov 14 14:20:38 EST 2013
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201311141420386
05641-85945707-5003f79d45a4074783cc13d86
fd3a523a205fd3a6643ea53d2146c4cc8d75b70-
N/A-N/A-20131114141244633922