Response to Office Action

CONCORD

WALMART APOLLO, LLC

Response to Office Action

PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 86604647
LAW OFFICE ASSIGNED LAW OFFICE 112
MARK SECTION
MARK http://tmng-al.gov.uspto.report/resting2/api/img/86604647/large
LITERAL ELEMENT CONCORD
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ARGUMENT(S)
Applicant submits that there is no likelihood of confusion between Applicant's CONCORD mark and the mark shown in U.S. Registration No. 3,826,514.  Upon information and belief, however, Applicant believes that the mark shown in U.S. Registration No. 3,826,514 is not in use, and as such, Applicant has filed a Petition to Cancel U.S. Registration No. 3,826,514 based on non-use.  As such, Applicant respectfully requests that its application be suspended. 
SIGNATURE SECTION
RESPONSE SIGNATURE /Julia K/ Sutherland/
SIGNATORY'S NAME Julia K. Sutherland
SIGNATORY'S POSITION Attorney of record, Illinois bar member
SIGNATORY'S PHONE NUMBER 312-460-5577
DATE SIGNED 11/30/2015
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Nov 30 17:35:59 EST 2015
TEAS STAMP USPTO/ROA-XXX.XXX.XX.X-20
151130173559136855-866046
47-540ed5cd1ac66aa97c2517
0185c4af38b7df0e1f932316e
0291bbfbda5dc183a78-N/A-N
/A-20151130172659773136



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. 86604647 CONCORD(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86604647/large) has been amended as follows:

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

Applicant submits that there is no likelihood of confusion between Applicant's CONCORD mark and the mark shown in U.S. Registration No. 3,826,514.  Upon information and belief, however, Applicant believes that the mark shown in U.S. Registration No. 3,826,514 is not in use, and as such, Applicant has filed a Petition to Cancel U.S. Registration No. 3,826,514 based on non-use.  As such, Applicant respectfully requests that its application be suspended. 

SIGNATURE(S)
Response Signature
Signature: /Julia K/ Sutherland/     Date: 11/30/2015
Signatory's Name: Julia K. Sutherland
Signatory's Position: Attorney of record, Illinois bar member

Signatory's Phone Number: 312-460-5577

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: 86604647
Internet Transmission Date: Mon Nov 30 17:35:59 EST 2015
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.X-20151130173559136
855-86604647-540ed5cd1ac66aa97c25170185c
4af38b7df0e1f932316e0291bbfbda5dc183a78-
N/A-N/A-20151130172659773136



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