Response to Office Action

VERVE

Noble Savage Inc.

Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
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 86799478
LAW OFFICE ASSIGNED LAW OFFICE 101
MARK SECTION
MARK http://uspto.report/TM/86799478/mark.png
LITERAL ELEMENT VERVE
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)
Registration of the applied-for mark was refused because of an alleged likelihood of confusion with the marks in U.S. Registration Nos 4588343, 4695229 4695230 and 4959141. The four cited marks are owned by two entities, as follows: Reg. 4959141 for the word mark VERVE COFFEE ROASTERS, owned by Verve, LLC (a California LLC) Reg. 4588343 for VERVE COFFEE ROASTERS (stylized), owned by Verve, LLC (a California LLC) Reg. 4695229 for the word mark VERVE BURRITOS, owned by Verve Inc. (a corporation of Maine) Reg. 4695230 for VERVE BURRITOS and design, owned by Verve Inc. (a corporation of Maine) Applicant is finalizing terms to Consent to Use and Register Agreements with both of the Registrants and expects to have agreements shortly. Applicant requests suspension of its application (Ser. No. 86799478) pending submission of the aforementioned agreements.
SIGNATURE SECTION
RESPONSE SIGNATURE /John M. Rannells/
SIGNATORY'S NAME John M. Rannells
SIGNATORY'S POSITION Attorney of record, New Jersey bar member
SIGNATORY'S PHONE NUMBER 908 722 5640
DATE SIGNED 08/07/2017
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Aug 07 15:39:56 EDT 2017
TEAS STAMP USPTO/ROA-XX.XXX.XX.XXX-2
0170807153956588264-86799
478-5105efb3e6bd5e54adea4
83d626eac6772c2fb26598fba
bd32e1a515ef9d242-N/A-N/A
-20170807153547942907



Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 07/31/2017)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 86799478 VERVE(Standard Characters, see http://uspto.report/TM/86799478/mark.png) has been amended as follows:

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

Registration of the applied-for mark was refused because of an alleged likelihood of confusion with the marks in U.S. Registration Nos 4588343, 4695229 4695230 and 4959141. The four cited marks are owned by two entities, as follows: Reg. 4959141 for the word mark VERVE COFFEE ROASTERS, owned by Verve, LLC (a California LLC) Reg. 4588343 for VERVE COFFEE ROASTERS (stylized), owned by Verve, LLC (a California LLC) Reg. 4695229 for the word mark VERVE BURRITOS, owned by Verve Inc. (a corporation of Maine) Reg. 4695230 for VERVE BURRITOS and design, owned by Verve Inc. (a corporation of Maine) Applicant is finalizing terms to Consent to Use and Register Agreements with both of the Registrants and expects to have agreements shortly. Applicant requests suspension of its application (Ser. No. 86799478) pending submission of the aforementioned agreements.

SIGNATURE(S)
Response Signature
Signature: /John M. Rannells/     Date: 08/07/2017
Signatory's Name: John M. Rannells
Signatory's Position: Attorney of record, New Jersey bar member

Signatory's Phone Number: 908 722 5640

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: 86799478
Internet Transmission Date: Mon Aug 07 15:39:56 EDT 2017
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2017080715395658
8264-86799478-5105efb3e6bd5e54adea483d62
6eac6772c2fb26598fbabd32e1a515ef9d242-N/
A-N/A-20170807153547942907



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