Response to Office Action

VENU

Garmin Switzerland GmbH

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 86103549
LAW OFFICE ASSIGNED LAW OFFICE 108
MARK SECTION
MARK http://uspto.report/TM/86103549/mark.png
LITERAL ELEMENT VENU
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)

Serial No.:           86103549

Applicant:            Garmin Switzerland GmbH

Mark:                    VENU

Examiner:            Andrea Hack

Amendment and Response to Office Action

Applicant is in receipt of the office action dated November 8, 2013 and acknowledges the same.  Applicant appreciates the Examining Attorney’s courtesies with regard to the instant application.

Correspondence

The sole issue raised in the office action is a likelihood of confusion under Section 2(d) of the Trademark Act based upon U.S. Registration No. 2462831, for the mark VENUE used in connection with watches.   The cited registration has now been assigned to Applicant, Garmin Switzerland GmbH, and was recorded in the Patent and Trademark Office at Reel 5227, Frame 0443 on February 28, 2014.

Given the cited registration is now in the possession of the Applicant, the Applicant submits that the Section 2(d) refusal should be withdrawn and the mark be approved for publication on the Principal Register.  Applicant does not believe that any fee is due with this Response.  If such fee is due, the Examining Attorney is authorized to debit the amount from Deposit Account No. 501-791.

Respectfully submitted,

Garmin Switzerland GmbH

David V. Ayres                                    

Attorney of Record, Kansas Bar Member

Date:  04/11/2014  
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_2047716350-101844565_._assignment-notice-tm-5227-0443.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT16\IMAGEOUT16\861\035\86103549\xml4\ROA0002.JPG
SIGNATURE SECTION
RESPONSE SIGNATURE /David V. Ayres/
SIGNATORY'S NAME David V. Ayres
SIGNATORY'S POSITION Attorney of record, Kansas bar member
SIGNATORY'S PHONE NUMBER 913-440-2386
DATE SIGNED 04/11/2014
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Apr 11 10:46:40 EDT 2014
TEAS STAMP USPTO/ROA-XXX.XX.XXX.XX-2
0140411104640077469-86103
549-500ac185aeeaaec6be884
e742dca6696a4d97859396b49
6f2424c76ded8fb2c436-N/A-
N/A-20140411101844565662



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. 86103549 VENU(Standard Characters, see http://uspto.report/TM/86103549/mark.png) has been amended as follows:

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

Serial No.:           86103549

Applicant:            Garmin Switzerland GmbH

Mark:                    VENU

Examiner:            Andrea Hack

Amendment and Response to Office Action

Applicant is in receipt of the office action dated November 8, 2013 and acknowledges the same.  Applicant appreciates the Examining Attorney’s courtesies with regard to the instant application.

Correspondence

The sole issue raised in the office action is a likelihood of confusion under Section 2(d) of the Trademark Act based upon U.S. Registration No. 2462831, for the mark VENUE used in connection with watches.   The cited registration has now been assigned to Applicant, Garmin Switzerland GmbH, and was recorded in the Patent and Trademark Office at Reel 5227, Frame 0443 on February 28, 2014.

Given the cited registration is now in the possession of the Applicant, the Applicant submits that the Section 2(d) refusal should be withdrawn and the mark be approved for publication on the Principal Register.  Applicant does not believe that any fee is due with this Response.  If such fee is due, the Examining Attorney is authorized to debit the amount from Deposit Account No. 501-791.

Respectfully submitted,

Garmin Switzerland GmbH

David V. Ayres                                    

Attorney of Record, Kansas Bar Member

Date:  04/11/2014  

EVIDENCE

Original PDF file:
evi_2047716350-101844565_._assignment-notice-tm-5227-0443.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

SIGNATURE(S)
Response Signature
Signature: /David V. Ayres/     Date: 04/11/2014
Signatory's Name: David V. Ayres
Signatory's Position: Attorney of record, Kansas bar member

Signatory's Phone Number: 913-440-2386

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: 86103549
Internet Transmission Date: Fri Apr 11 10:46:40 EDT 2014
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2014041110464007
7469-86103549-500ac185aeeaaec6be884e742d
ca6696a4d97859396b496f2424c76ded8fb2c436
-N/A-N/A-20140411101844565662


Response to Office Action [image/jpeg]


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