TEAS Request Reconsideration after FOA

PTO Form 1960 (Rev 9/2007)

OMB No. 0651-0050 (Exp. 07/31/2017)

---

PTO Form 1960 (Rev 9/2007)

OMB No. 0651-0050 (Exp. 07/31/2017)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 86258671 BEDROCK(Standard Characters, see http://uspto.report/TM/86258671/mark.png) has been amended as follows:

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

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

 

-----------------------------------

In the Matter of the Application of:  Abundant Life Landscaping, LLC

Serial No.:  86/258671

Filed:  04/22/2014

Mark:  BEDROCK

Attorney Docket No.:  53471-901

-----------------------------------

 

 

 

RESPONSE

 

            This Response is to the Office Action issued November 10, 2014, with respect to the above-referenced trademark application that has a statutory period for response set to expire on May 10, 2015.  The Applicant wishes to respond to the issues set forth in the Office Action and, where appropriate, seeks to amend the application as follows:

1.         LIKELIHOOD OF CONFUSION

The Examining Attorney has refused registration of Applicant’s Mark BEDROCK under Trademark Act Section 2(d), 15 U.S.C. § 1052(d), because Applicant’s Mark, when used on or in connection with the identified goods and/or services, so resembles U.S. Registration No. 3,396,898 (BEDROC) (hereinafter referred to as “Cited Registration”), as to be likely to cause confusion or to cause mistake or to deceive. 

U.S. Registration No. 3,396,898 (BEDROC) was cancelled on October 24, 2014.  As a result, the 2(d) refusal of the Applicant’s Mark BEDROCK is moot.  Removal of the refusal to register Applicant’s Mark in view of the Cited Registration is therefore respectfully requested.

Please charge any additional fees associated with this application to Deposit Order Account No. 501581.

                                                                        Respectfully submitted,

 

           

 

Date:   Friday, December 05, 2014                By:      /Joseph Falcon/                                   

Joseph R. Falcon III, Esq.

 

 

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Joseph Falcon/     Date: 12/05/2014
Signatory's Name: Joseph R. Falcon III
Signatory's Position: Patent Attorney - PA Bar Member

Signatory's Phone Number: 610-889-3699

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 86258671
Internet Transmission Date: Fri Dec 05 13:54:39 EST 2014
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XX-2014120513543913
6211-86258671-500fb4befb5b8c5cebbf4e248b
157b09c8baa146f3a5db596cca586afd86c16553
-N/A-N/A-20141205135114227214