| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 07/31/2017) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 86386081 |
| LAW OFFICE ASSIGNED | LAW OFFICE 114 |
| MARK SECTION | |
| MARK FILE NAME | http://uspto.report/TM/86386081/mark.png |
| LITERAL ELEMENT | TSR |
| 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 the stylized word TSR in white ,which contained in a black rectangle. |
| ARGUMENT(S) | |
|
The applicant, Zhejiang Tianshun Biotechnology Co., Ltd (“Applicant”), hereby responds to the Office Action dated December 18, 2014, refusing the application for the mark TSR on the ground of a likelihood of confusion with Registration No. 4580953, and requiring an amended description of Applicant’s trademark. As a preliminary matter, Applicant submits the following description of the mark: The mark consists of the stylized letters “TSR” within a solid rectangle with rounded edges. Applicant withdraws the color claim originally submitted with the application. With respect to Registration No. 4580953, Applicant has obtained a letter of consent from the owner of the registered mark. Pursuant to TMEP § 1207(d)(viii), such consent “should be given great weight. . ..” Attached as Exhibit A is a letter of consent from Mor-NuTech, Inc., the owner of Registration No. 4580953. An officer of Mor-NuTech, Inc. has executed the letter, which has been provided pursuant to a confidential coexistence agreement between the parties. The letter describes, in detail, the reasons for Registrant's belief that no likelihood of confusion exists between the two marks. Applicant and Mor-NuTech, Inc. are sophisticated businesses who understand their respective marketplaces and carefully guard their trademark rights. In its considered judgment, Mor-NuTech, Inc. has consented to the registration of the present application. Thus, Applicant respectfully requests that the Office defer to the expertise of the parties and withdraw its refusal. In light of the forgoing, Applicant respectfully requests that the Office withdraw its refusal and approve this application for publication. |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME(S) | |
| ORIGINAL PDF FILE | evi_7119286195-20150609092903640222_._Mor-NuTech_TSR_Letter_of_Consent.pdf |
| CONVERTED PDF FILE(S) (2 pages) |
\\TICRS\EXPORT16\IMAGEOUT16\863\860\86386081\xml5\ROA0002.JPG |
| \\TICRS\EXPORT16\IMAGEOUT16\863\860\86386081\xml5\ROA0003.JPG | |
| DESCRIPTION OF EVIDENCE FILE | Mor-NuTech Letter of Consent |
| ADDITIONAL STATEMENTS SECTION | |
| DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of The mark consists of the stylized letters "TSR" within a solid rectangle with rounded edges. |
| NEW ATTORNEY SECTION | |
| NAME | Matthew Saunders |
| FIRM NAME | Saunders & Silverstein LLP |
| INDIVIDUAL ATTORNEY DOCKET/REFERENCE NUMBER |
710.402.22 |
| STREET | 14 Cedar Street Suite 224 |
| CITY | Amesbury |
| STATE | Massachusetts |
| ZIP/POSTAL CODE | 01913 |
| COUNTRY | United States |
| PHONE | 978-463-9100 |
| FAX | 978-463-9109 |
| trademarks@massiplaw.com | |
| AUTHORIZED EMAIL COMMUNICATION | Yes |
| NEW CORRESPONDENCE SECTION | |
| NAME | Matthew Saunders |
| FIRM NAME | Saunders & Silverstein LLP |
| DOCKET/REFERENCE NUMBER | 710.402.22 |
| STREET | 14 Cedar Street Suite 224 |
| CITY | Amesbury |
| STATE | Massachusetts |
| ZIP/POSTAL CODE | 01913 |
| COUNTRY | United States |
| PHONE | 978-463-9100 |
| FAX | 978-463-9109 |
| trademarks@massiplaw.com;msaunders@massiplaw.com; daisywzmark@gmail.com | |
| AUTHORIZED EMAIL COMMUNICATION | Yes |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /matthew saunders/ |
| SIGNATORY'S NAME | Matthew Saunders |
| SIGNATORY'S POSITION | Attorney of record, Massachusetts bar member |
| SIGNATORY'S PHONE NUMBER | 978-463-9100 |
| DATE SIGNED | 06/09/2015 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue Jun 09 09:37:08 EDT 2015 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XX.XXX-2 0150609093708994348-86386 081-5306d834b4495f86c6eb6 159c9de611bcccb2a6559cb34 4da8eaef42e4fd16cc6-N/A-N /A-20150609092903640222 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 07/31/2017) |
The applicant, Zhejiang Tianshun Biotechnology Co., Ltd (“Applicant”), hereby responds to the Office Action dated December 18, 2014, refusing the application for the mark TSR on the ground of a likelihood of confusion with Registration No. 4580953, and requiring an amended description of Applicant’s trademark.
As a preliminary matter, Applicant submits the following description of the mark:
The mark consists of the stylized letters “TSR” within a solid rectangle with rounded edges.
Applicant withdraws the color claim originally submitted with the application.
With respect to Registration No. 4580953, Applicant has obtained a letter of consent from the owner of the registered mark. Pursuant to TMEP § 1207(d)(viii), such consent “should be given great weight. . ..”
Attached as Exhibit A is a letter of consent from Mor-NuTech, Inc., the owner of Registration No. 4580953. An officer of Mor-NuTech, Inc. has executed the letter, which has been provided pursuant to a confidential coexistence agreement between the parties. The letter describes, in detail, the reasons for Registrant's belief that no likelihood of confusion exists between the two marks.
Applicant and Mor-NuTech, Inc. are sophisticated businesses who understand their respective marketplaces and carefully guard their trademark rights. In its considered judgment, Mor-NuTech, Inc. has consented to the registration of the present application. Thus, Applicant respectfully requests that the Office defer to the expertise of the parties and withdraw its refusal.
In light of the forgoing, Applicant respectfully requests that the Office withdraw its refusal and approve this application for publication.
