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 1822 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
Response to Suspension Inquiry or Letter of Suspension
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
86914115 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 120 |
| MARK SECTION |
| MARK |
http://uspto.report/TM/86914115/mark.png |
| LITERAL ELEMENT |
XPLORER |
| 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. |
| PENDING SERIAL NUMBER(S) |
| Serial number(s) 86/913094 should not be used as a citation(s) under Section 2(d), in the event that said serial number(s)
mature(s) into a registration(s). The applicant hereby requests removal of this application from suspension, based on the following arguments. If the examining attorney is not persuaded by these
arguments, the applicant hereby requests that this application be returned to suspended status, awaiting ultimate disposition of the referenced serial number(s). |
| ARGUMENT(S) |
|
This application for the mark XPLORER in connection with "sunglasses, clip-on sunglasses, reading glasses, eyeglasses”, was suspended
pending a determination of Appln.No.86/913094 for the mark EXPLORER in connection with the following goods:
Eyewear; sunglasses, eyeglasses and ophthalmic frames and cases therefor; eyewear accessories, namely, straps, neck cords and head straps which restrain eyewear from movement
on a wearer; video and computer games; computer game software for use on wireless and mobile devices, personal computers and home video game consoles; downloadable computer game programs; decorative
magnets; computer software, namely, downloadable digital publications in the nature of maps, atlases, books, magazines and guides in the fields of travel, adventure, exploration, entertainment,
culture, geography, science, natural science, social sciences, nature, and wildlife, and related digital media for use therewith, namely, music, movies, television programs and photographs;
downloadable electronic publications in the nature of e-books in the fields of travel, adventure, exploration, entertainment, culture, geography, science, natural science, social sciences, nature,
and wildlife; records, discs, tapes, audio cassettes, CD-ROMs, cartridges, digital audio and video compression software files, music, graphics, games, images and downloadable mobile applications that
allow users to view and use content in the nature of still and animated wallpapers, ring tones, screen savers, games and audio-visual programs featuring topics on travel, adventure, exploration,
entertainment, culture, geography, science, natural science, social sciences, nature, and wildlife, all for mobile devices.
On September 13, 2019, the prior applicant filed a Statement of Use in which it deleted many of the above-identified goods, and limited the application only to the following
goods:
downloadable videos featuring natural sciences, history, travel and geography topics; pre-recorded data carriers, namely, DVDs featuring topics on travel, adventure,
exploration, entertainment, culture, geography, science, natural science, social sciences, nature, and wildlife; downloadable videos featuring topics on travel, adventure, exploration, entertainment,
culture, geography, science, natural science, social sciences, nature, and wildlife via wireless communication devices.
Based upon the limited amended identification of goods of the noted prior application, Applicant submits that there can be no likelihood of
confusion between its XPLORER mark in connection with "sunglasses, clip-on sunglasses, reading glasses, eyeglasses”,
and the goods remaining in the noted '094 application; and Applicant therefore requests that its application be unsuspended, accepted, and forwarded to publication without further delay.
|
| ATTORNEY SECTION (current) |
| NAME |
Simor L. Moskowitz |
| ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
| YEAR OF ADMISSION |
NOT SPECIFIED |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
| FIRM NAME |
WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP |
| INTERNAL ADDRESS |
SUITE 700 |
| STREET |
1250 CONNECTICUT AVENUE, NW |
| CITY |
WASHINGTON |
| STATE |
District of Columbia |
| COUNTRY |
US |
| PHONE |
202.822.1100 |
| FAX |
202.822.1111 |
| EMAIL |
trademarkmail@whda.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| OTHER APPOINTED ATTORNEY |
Simor L. Moskowitz |
| ATTORNEY SECTION (proposed) |
| NAME |
Simor L. Moskowitz |
| ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
| YEAR OF ADMISSION |
XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
| FIRM NAME |
WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP |
| INTERNAL ADDRESS |
SUITE 850 |
| STREET |
1250 CONNECTICUT AVENUE, NW |
| CITY |
WASHINGTON |
| STATE |
District of Columbia |
| POSTAL CODE |
20036 |
| COUNTRY |
United States |
| PHONE |
202.822.1100 |
| FAX |
202.822.1111 |
| EMAIL |
trademarkmail@whda.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
TM160010US00 |
| CORRESPONDENCE SECTION (current) |
| NAME |
SIMOR L. MOSKOWITZ |
| FIRM NAME |
WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP |
| INTERNAL ADDRESS |
SUITE 700 |
| STREET |
1250 CONNECTICUT AVENUE, NW |
| CITY |
WASHINGTON |
| STATE |
District of Columbia |
| COUNTRY |
US |
| PHONE |
202.822.1100 |
| FAX |
202.822.1111 |
| EMAIL |
trademarkmail@whda.com; smoskowitz@whda.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| OTHER APPOINTED ATTORNEY |
Simor L. Moskowitz |
| CORRESPONDENCE SECTION (proposed) |
| NAME |
Simor L. Moskowitz |
| FIRM NAME |
WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP |
| INTERNAL ADDRESS |
SUITE 850 |
| STREET |
1250 CONNECTICUT AVENUE, NW |
| CITY |
WASHINGTON |
| STATE |
District of Columbia |
| POSTAL CODE |
20036 |
| COUNTRY |
United States |
| PHONE |
202.822.1100 |
| FAX |
202.822.1111 |
| EMAIL |
trademarkmail@whda.com; smoskowitz@whda.com; tjeffery@whda.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
TM160010US00 |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Simor L. Moskowitz/ |
| SIGNATORY'S NAME |
Simor L. Moskowitz |
| SIGNATORY'S POSITION |
Attorney of Record, Member DC and MD Bars |
| SIGNATORY'S PHONE NUMBER |
202.822.1100 |
| DATE SIGNED |
10/17/2019 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Thu Oct 17 17:43:28 EDT 2019 |
| TEAS STAMP |
USPTO/RSI-XX.XXX.XX.XX-20
191017174328427211-869141
15-610a04f626fca92f07cb58
bbbc7c4c097428db86c1fc664
332b653d6164e4abb21f-N/A-
N/A-20191017172402335068 |
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 1822 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
Response to Suspension Inquiry or Letter of Suspension
To the Commissioner for Trademarks:
Application serial no.
86914115 XPLORER(Standard Characters, see http://uspto.report/TM/86914115/mark.png) has been amended as follows:
PENDING SERIAL NUMBER(S)
Serial number(s) 86/913094 should not be used as a citation(s) under Section 2(d), in the event that said serial number(s) mature(s) into a registration(s). The applicant hereby requests removal of
this application from suspension, based on the following arguments. If the examining attorney is not persuaded by these arguments, the applicant hereby requests that this application be returned to
suspended status, awaiting ultimate disposition of the referenced serial number(s).
ARGUMENT(S)
This application for the mark XPLORER in connection with "sunglasses, clip-on sunglasses, reading glasses, eyeglasses”, was suspended
pending a determination of Appln.No.86/913094 for the mark EXPLORER in connection with the following goods:
Eyewear; sunglasses, eyeglasses and ophthalmic frames and cases therefor; eyewear accessories, namely, straps, neck cords and head straps which restrain eyewear from movement
on a wearer; video and computer games; computer game software for use on wireless and mobile devices, personal computers and home video game consoles; downloadable computer game programs; decorative
magnets; computer software, namely, downloadable digital publications in the nature of maps, atlases, books, magazines and guides in the fields of travel, adventure, exploration, entertainment,
culture, geography, science, natural science, social sciences, nature, and wildlife, and related digital media for use therewith, namely, music, movies, television programs and photographs;
downloadable electronic publications in the nature of e-books in the fields of travel, adventure, exploration, entertainment, culture, geography, science, natural science, social sciences, nature,
and wildlife; records, discs, tapes, audio cassettes, CD-ROMs, cartridges, digital audio and video compression software files, music, graphics, games, images and downloadable mobile applications that
allow users to view and use content in the nature of still and animated wallpapers, ring tones, screen savers, games and audio-visual programs featuring topics on travel, adventure, exploration,
entertainment, culture, geography, science, natural science, social sciences, nature, and wildlife, all for mobile devices.
On September 13, 2019, the prior applicant filed a Statement of Use in which it deleted many of the above-identified goods, and limited the application only to the following
goods:
downloadable videos featuring natural sciences, history, travel and geography topics; pre-recorded data carriers, namely, DVDs featuring topics on travel, adventure,
exploration, entertainment, culture, geography, science, natural science, social sciences, nature, and wildlife; downloadable videos featuring topics on travel, adventure, exploration, entertainment,
culture, geography, science, natural science, social sciences, nature, and wildlife via wireless communication devices.
Based upon the limited amended identification of goods of the noted prior application, Applicant submits that there can be no likelihood of
confusion between its XPLORER mark in connection with "sunglasses, clip-on sunglasses, reading glasses, eyeglasses”,
and the goods remaining in the noted '094 application; and Applicant therefore requests that its application be unsuspended, accepted, and forwarded to publication without further delay.
The applicant's current attorney information: Simor L. Moskowitz. Other appointed attorneys are Simor L. Moskowitz. Simor L. Moskowitz of WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP, and the
attorney(s) is located at
SUITE 700
1250 CONNECTICUT AVENUE, NW
WASHINGTON, District of Columbia
US
The phone number is 202.822.1100.
The fax number is 202.822.1111.
The email address is trademarkmail@whda.com
The applicants proposed attorney information: Simor L. Moskowitz. Simor L. Moskowitz of WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar
membership no. XXX, is located at
SUITE 850
1250 CONNECTICUT AVENUE, NW
WASHINGTON, District of Columbia 20036
United States
The docket/reference number is TM160010US00.
The phone number is 202.822.1100.
The fax number is 202.822.1111.
The email address is trademarkmail@whda.com
Simor L. Moskowitz submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any
U.S. Commonwealth or territory.
The applicant's current correspondence information: SIMOR L. MOSKOWITZ. Other appointed attorneys are Simor L. Moskowitz. SIMOR L. MOSKOWITZ of WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP, and
the attorney(s) is located at
SUITE 700
1250 CONNECTICUT AVENUE, NW
WASHINGTON, District of Columbia
US
The phone number is 202.822.1100.
The fax number is 202.822.1111.
The email address is trademarkmail@whda.com; smoskowitz@whda.com
The applicants proposed correspondence information: Simor L. Moskowitz. Simor L. Moskowitz of WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP, is located at
SUITE 850
1250 CONNECTICUT AVENUE, NW
WASHINGTON, District of Columbia 20036
United States
The docket/reference number is TM160010US00.
The phone number is 202.822.1100.
The fax number is 202.822.1111.
The email address is trademarkmail@whda.com; smoskowitz@whda.com; tjeffery@whda.com
Response Suspension Inquiry Signature
Signature: /Simor L. Moskowitz/ Date: 10/17/2019
Signatory's Name: Simor L. Moskowitz
Signatory's Position: Attorney of Record, Member DC and MD Bars
Signatory's Phone Number: 202.822.1100
The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and
any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed
revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter;
or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.
Mailing Address: SIMOR L. MOSKOWITZ
WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
SUITE 700
1250 CONNECTICUT AVENUE, NW
WASHINGTON, District of Columbia
Mailing Address: Simor L. Moskowitz
WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
SUITE 850
1250 CONNECTICUT AVENUE, NW
WASHINGTON, District of Columbia 20036
Serial Number: 86914115
Internet Transmission Date: Thu Oct 17 17:43:28 EDT 2019
TEAS Stamp: USPTO/RSI-XX.XXX.XX.XX-20191017174328427
211-86914115-610a04f626fca92f07cb58bbbc7
c4c097428db86c1fc664332b653d6164e4abb21f
-N/A-N/A-20191017172402335068