| 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 |
| ARGUMENT(S) | |
|
In its June 9, 2015, response to the Office Action issued on December 18, 2014, in which the Office refused registration of Applicant's mark TSR on the ground of a likelihood of confusion with Registration No. 4580953, Applicant submitted a consent agreement from the owner of said registration. In a subsequent Office Action issued on June 9, 2015, the Office rejected the letter of consent as it was executed by only one party. In response, Applicant has submitted a copy of the letter of consent executed by both Applicant and Mor-NuTech, Inc. the owner of Registration No. 4580953. Applicant respectfully requests that the Office accept the letter of consent. Applicant again notes that TMEP § 1207(d)(viii) states that "consent agreements should be given great weight, and that the USPTO should not substitute its judgment concerning likelihood of confusion for the judgment of the real parties in interest without good reason". 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. |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME(S) | |
| ORIGINAL PDF FILE | evi_7119286195-20150610084846647636_._Mor-NuTech_ZT_Biotech_Consent_letter.pdf |
| CONVERTED PDF FILE(S) (2 pages) |
\\TICRS\EXPORT16\IMAGEOUT16\863\860\86386081\xml8\ROA0002.JPG |
| \\TICRS\EXPORT16\IMAGEOUT16\863\860\86386081\xml8\ROA0003.JPG | |
| DESCRIPTION OF EVIDENCE FILE | Mor-NuTech ZT Biotech Letter of Consent |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /matthew saunders/ |
| SIGNATORY'S NAME | Matthew Saunders |
| SIGNATORY'S POSITION | Attorney of record, Massachsuetts bar member |
| SIGNATORY'S PHONE NUMBER | 978-463-9100 |
| DATE SIGNED | 06/10/2015 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Jun 10 09:12:31 EDT 2015 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XX.XXX-2 0150610091231079446-86386 081-530d5eb38566c684ff665 b1e04ae0244b358b522f3bd49 4a68a8c39ca514f27d64-N/A- N/A-20150610091203152068 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 07/31/2017) |
In its June 9, 2015, response to the Office Action issued on December 18, 2014, in which the Office refused registration of Applicant's mark TSR on the ground of a likelihood of confusion with Registration No. 4580953, Applicant submitted a consent agreement from the owner of said registration. In a subsequent Office Action issued on June 9, 2015, the Office rejected the letter of consent as it was executed by only one party. In response, Applicant has submitted a copy of the letter of consent executed by both Applicant and Mor-NuTech, Inc. the owner of Registration No. 4580953. Applicant respectfully requests that the Office accept the letter of consent.
Applicant again notes that TMEP § 1207(d)(viii) states that "consent agreements should be given great weight, and that the USPTO should not substitute its judgment concerning likelihood of confusion for the judgment of the real parties in interest without good reason".
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.
