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. 86539456 DOMINATOR(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86539456/large) has been amended as follows:

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

The Examining Attorney has refused registration of the subject application, U.S. Serial No. 86/539,456 (the “‘456 Application”), on the basis that there is a likelihood of confusion between Applicant’s mark and the mark shown in Reg. Nos. 3,151,400, owned by Banom, Inc. (the “Cited Mark”).  Applicant respectfully contends there will be no likelihood of confusion between its mark and the Cited Mark.

Applicant’s mark has been in use in commerce for protective garments for industrial use, namely, a two-piece suit comprising jacket with hood and pants, bib overalls, coveralls, jacket with attached hood, and jacket with detachable hood (collectively “protective garments for industrial use”) since January, 1995.  The Cited Mark has been in use in commerce since April 14, 2006.  During the past nine years, Applicant is unaware of any episodes of actual confusion and has not received any complaints of confusion from the owner of the Cited Mark regarding Applicant’s use of the DOMINATOR mark on protective garments for industrial use.  In light of the nine years of contemporaneous use and the complete lack of any complaints or allegations of actual or possible confusion during that time as to Applicant’s use of the DOMINATOR mark on protective garments for industrial use, Applicant respectfully contends there will be no likelihood of confusion between its mark at issue when hereafter used with the goods at issue and the Cited Mark.

In view of the foregoing, Applicant respectfully requests that its mark proceed promptly to publication.

SIGNATURE(S)
Response Signature
Signature: /gmg/     Date: 10/29/2015
Signatory's Name: Grady M. Garrison
Signatory's Position: Attorney of record, Tennessee bar member

Signatory's Phone Number: 901-577-8151

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: 86539456
Internet Transmission Date: Thu Oct 29 16:01:27 EDT 2015
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.X-20151029160127966
867-86539456-540eb927796f1ec851bde293ebc
b997ae8dc57b9d7dbb5b485fc93bd4958b845c4e
-N/A-N/A-20151029154426209132