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 |
85950613 |
LAW OFFICE ASSIGNED |
LAW OFFICE 116 |
MARK SECTION |
MARK |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85950613 |
LITERAL ELEMENT |
LUXE |
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) |
RealD, Inc. ("Applicant") submits the following remarks in response to the Office Action dated August 6, 2013, regarding application Ser. No.
85/950,613 (the "Application") for the mark LUXE for "cinema theaters; motion picture theaters; movie theaters; providing facilities for video, cinema, video game and photography productions
featuring premium large format cinematic and motion picture theater facilities, equipment and apparatus" in Class 41 (the "Proposed Mark"). The Examiner has objected to registration of the Proposed
Mark on the ground of a perceived likelihood of confusion with Registration No. 4,077,904, owned by Select Cinemas Services, Inc., and pending Applications Nos. 85/945,390 and 85/942,189 owned by
National Amusements, Inc. (the "National Amusements Applications"). Applicant seeks suspension of the Application pending resolution of the National Amusements Applications. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/mlw/ |
SIGNATORY'S NAME |
Michelle L. Wisniewski |
SIGNATORY'S POSITION |
Attorney of Record, California bar member |
DATE SIGNED |
01/21/2014 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Jan 21 19:30:15 EST 2014 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XXX-
20140121193015264466-8595
0613-5006778dfe2a2d87ab31
12cd7e3737bbaf1cc2d858464
798bdc2c661f49ed6c67b-N/A
-N/A-20140121192929514846 |
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.
85950613 LUXE(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85950613) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
RealD, Inc. ("Applicant") submits the following remarks in response to the Office Action dated August 6, 2013, regarding application Ser. No. 85/950,613 (the "Application") for the mark LUXE for
"cinema theaters; motion picture theaters; movie theaters; providing facilities for video, cinema, video game and photography productions featuring premium large format cinematic and motion picture
theater facilities, equipment and apparatus" in Class 41 (the "Proposed Mark"). The Examiner has objected to registration of the Proposed Mark on the ground of a perceived likelihood of confusion
with Registration No. 4,077,904, owned by Select Cinemas Services, Inc., and pending Applications Nos. 85/945,390 and 85/942,189 owned by National Amusements, Inc. (the "National Amusements
Applications"). Applicant seeks suspension of the Application pending resolution of the National Amusements Applications.
SIGNATURE(S)
Response Signature
Signature: /mlw/ Date: 01/21/2014
Signatory's Name: Michelle L. Wisniewski
Signatory's Position: Attorney of Record, California bar member
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: 85950613
Internet Transmission Date: Tue Jan 21 19:30:15 EST 2014
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201401211930152
64466-85950613-5006778dfe2a2d87ab3112cd7
e3737bbaf1cc2d858464798bdc2c661f49ed6c67
b-N/A-N/A-20140121192929514846