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. 85950815 LUXE (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85950815) 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. 85/950,815 (the “Application”) for the stylized 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: 85950815
Internet Transmission Date: Tue Jan 21 19:16:43 EST 2014
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201401211916431
65211-85950815-500af26977a9031ce5e48ac40
fdc5b939cec5741f23b3b5b51680aec4c5f0d976
-N/A-N/A-20140121191402710816