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. 86380442 SIERRA (Stylized and/or with Design, see http://uspto.report/TM/86380442/mark.png) has been amended as follows:

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

In response to the office action dated December 2, 2014, applicant has reviewed both issues presented and responds as follows. Mark Description: Activision Publishing, Inc. accepts the examiner's suggestion for a more detailed description of the applied-for mark and has entered the wording in the "Mark Description" dialogue box in the ADDITIONAL STATEMENT(s) section of this Response To Office Action TEAS form. Search of Office's Database of Marks: With respect to the examiner's search of the office's database of marks, applicant acknowledges the examiner's search has found no registered marks that would bar registration under Trademark Act Section 2(d). The examiner contends the marks in U.S. Application Serial Nos. 861365442 and 85372775, if registered, may bar registration of applicant's mark. While applicant disagrees that either mark in the cited applications would bar registration of applicant's mark, applicant elects at present not to submit arguments until the final disposition of the cited applications. Applicant reserves its rights to address this issue if a refusal under Section 2(d) issues. Applicant understands and accepts that the instant application may be suspended pending final disposition of the cited applications. Respectfully submitted, Activision Publishing, Inc. /Neil Yang/ Neil Yang Attorney of record, CA bar member 310-255-2000

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the word "SIERRA" in bold stylized font underneath the stylized design of a shaded outline of a mountain top embedded in a striped spherical design.

SIGNATURE(S)
Response Signature
Signature: /Neil Yang/     Date: 05/22/2015
Signatory's Name: Neil Yang
Signatory's Position: Attorney of record, CA bar member

Signatory's Phone Number: 310-255-2000

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: 86380442
Internet Transmission Date: Fri May 22 13:02:51 EDT 2015
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2015052213025117
5169-86380442-530f95b8c8e57b41145cd3c772
8631407a5d54f9eacc6f2f0e7efc65874cef49-N
/A-N/A-20150522123611946543