| PTO Form 1966 (Rev 5/2006) |
| OMB No. 0651-0050 (Exp. 07/31/2017) |
Voluntary Amendment
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
86295091 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 116 |
| MARK SECTION |
| MARK FILE NAME |
http://tmng-al.gov.uspto.report/resting2/api/img/86295091/large |
| LITERAL ELEMENT |
OPPO |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of human shape with circular head shape on top divided down the center, all above the wording "OPPO". |
| ADDITIONAL STATEMENTS SECTION |
| MISCELLANEOUS STATEMENT |
SUPPLEMENTAL REQUEST FOR RECONSIDERATION: Request for Reconsideration was filed in the present application on October 7, 2015. This
supplemental Request for Reconsideration is based on a coexistence agreement entered into between applicant and the owner of cited Registration No. 4508756. COEXISTENCE AGREEMENT: Applicant and the
owner of cited Registration No. 4508756 have entered into a coexistence agreement (copy attached). In the coexistence agreement, the owner of Registration No. 4508756 consents to the registration of
the present application. In this regard, the parties to the coexistence agreement have recognized that use of their respective marks, aimed at their respective purchasers through their respective
channels of trade is not likely to lead to consumer confusion, and that avoidance of consumer confusion is in their mutual interest. To this end, the parties have agreed that, should the need arise,
the parties will cooperate to take the steps necessary to prevent the possibility of customer confusion, arising not only from the use or registration of their respective marks, but also from
third-party uses of similar marks as well, whether authorized by either party or not. Further, the parties recognize and agree that compliance with the terms of the coexistence agreement will prevent
conflict between the parties' respective trademarks and names, and will preclude the likelihood of confusion or infringement in the marketplace. The parties agree that the coexistence agreement, and
the convents and obligations under the agreement, shall be respected and complied with by the respective subsidiaries, affiliates, agents, licensees, legal successors, and assigns. Applicant
respectfully submits that the attached coexistence agreement provides a further basis that there is no likelihood of confusion between applicant's mark and the cited registration. For this additional
reason, applicant respectfully requests that the refusal to register be withdrawn. |
| MISCELLANEOUS FILE NAME(S) |
| ORIGINAL PDF FILE |
mis-6713915899-161624048_._image2015-11-09-135157.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT16\IMAGEOUT16\862\950\86295091\xml14\PRA0002.JPG |
| |
\\TICRS\EXPORT16\IMAGEOUT16\862\950\86295091\xml14\PRA0003.JPG |
| |
\\TICRS\EXPORT16\IMAGEOUT16\862\950\86295091\xml14\PRA0004.JPG |
| |
\\TICRS\EXPORT16\IMAGEOUT16\862\950\86295091\xml14\PRA0005.JPG |
| ORIGINAL PDF FILE |
mis-1-6713915899-161624048_._image2015-11-09-135157.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT16\IMAGEOUT16\862\950\86295091\xml14\PRA0006.JPG |
| |
\\TICRS\EXPORT16\IMAGEOUT16\862\950\86295091\xml14\PRA0007.JPG |
| |
\\TICRS\EXPORT16\IMAGEOUT16\862\950\86295091\xml14\PRA0008.JPG |
| |
\\TICRS\EXPORT16\IMAGEOUT16\862\950\86295091\xml14\PRA0009.JPG |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Jerald E. Nagae, Reg. No. 29,418/ |
| SIGNATORY'S NAME |
Jerald E. Nagae, Reg. No. 29,418 |
| SIGNATORY'S POSITION |
Attorney of record, WA bar member |
| SIGNATORY'S PHONE NUMBER |
206-682-8100 |
| DATE SIGNED |
11/11/2015 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Wed Nov 11 18:32:58 EST 2015 |
| TEAS STAMP |
USPTO/PRA-XX.XXX.XXX.XX-2
0151111183258980317-86295
091-54025604fef7e29e57f35
1af86de0fb1ae72fd181dbd04
af44162985a8aee96-N/A-N/A
-20151111161624048755 |
| PTO Form 1966 (Rev 5/2006) |
| OMB No. 0651-0050 (Exp. 07/31/2017) |
Voluntary Amendment
To the Commissioner for Trademarks:
Application serial no.
86295091 OPPO (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/86295091/large) has been amended as follows:
ADDITIONAL STATEMENTS
Miscellaneous Statement
SUPPLEMENTAL REQUEST FOR RECONSIDERATION: Request for Reconsideration was filed in the present application on October 7, 2015. This supplemental Request for Reconsideration is based on a coexistence
agreement entered into between applicant and the owner of cited Registration No. 4508756. COEXISTENCE AGREEMENT: Applicant and the owner of cited Registration No. 4508756 have entered into a
coexistence agreement (copy attached). In the coexistence agreement, the owner of Registration No. 4508756 consents to the registration of the present application. In this regard, the parties to the
coexistence agreement have recognized that use of their respective marks, aimed at their respective purchasers through their respective channels of trade is not likely to lead to consumer confusion,
and that avoidance of consumer confusion is in their mutual interest. To this end, the parties have agreed that, should the need arise, the parties will cooperate to take the steps necessary to
prevent the possibility of customer confusion, arising not only from the use or registration of their respective marks, but also from third-party uses of similar marks as well, whether authorized by
either party or not. Further, the parties recognize and agree that compliance with the terms of the coexistence agreement will prevent conflict between the parties' respective trademarks and names,
and will preclude the likelihood of confusion or infringement in the marketplace. The parties agree that the coexistence agreement, and the convents and obligations under the agreement, shall be
respected and complied with by the respective subsidiaries, affiliates, agents, licensees, legal successors, and assigns. Applicant respectfully submits that the attached coexistence agreement
provides a further basis that there is no likelihood of confusion between applicant's mark and the cited registration. For this additional reason, applicant respectfully requests that the refusal to
register be withdrawn.
Original PDF file:
mis-6713915899-161624048_._image2015-11-09-135157.pdf
Converted PDF file(s) ( 4 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Original PDF file:
mis-1-6713915899-161624048_._image2015-11-09-135157.pdf
Converted PDF file(s) ( 4 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
SIGNATURE(S)
Voluntary Amendment Signature
Signature: /Jerald E. Nagae, Reg. No. 29,418/ Date: 11/11/2015
Signatory's Name: Jerald E. Nagae, Reg. No. 29,418
Signatory's Position: Attorney of record, WA bar member
Signatory's Phone Number: 206-682-8100
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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of
attorney appointing him/her in this matter; or (4) the owner's/holder'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: 86295091
Internet Transmission Date: Wed Nov 11 18:32:58 EST 2015
TEAS Stamp: USPTO/PRA-XX.XXX.XXX.XX-2015111118325898
0317-86295091-54025604fef7e29e57f351af86
de0fb1ae72fd181dbd04af44162985a8aee96-N/
A-N/A-20151111161624048755
