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 1960 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 07/31/2017) |
Request for Reconsideration after Final Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
86958273 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 104 |
| MARK SECTION |
| MARK |
http://uspto.report/TM/86958273/mark.png |
| LITERAL ELEMENT |
CLOUD NINE |
| 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) |
| RESPONSE TO OFFICE ACTION FOR TRADEMARK APPLICATION SERIAL NO. 86/958,273 for CLOUD NINE RESPONSE SECTION 2(d) REFUSAL BASED ON LIKELIHOOD OF
CONFUSION In the Final Office Action dated August 4, 2016, the Examiner maintained the rejection of the present application because of a likelihood of confusion with the CLOUD 9 mark set forth in
U.S. Registration No. 4,521,469. On February 6, 2017, Applicant filed a Petition to Cancel the Registration No. 4,521,469 with the U.S. Patent and Trademark Office. Therefore, Applicant respectfully
requests that the present application be suspended pending the outcome of the cancellation proceeding. See TMEP 716.02(a). |
| EVIDENCE SECTION |
| EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
evi_66162186115-20170206144059293276_._104612Response.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\869\582\86958273\xml1\ROA0002.JPG |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Katherine H. McGuire/ |
| SIGNATORY'S NAME |
Katherine H. McGuire, Esq. |
| SIGNATORY'S POSITION |
Attorney of Record, NY Bar Member |
| SIGNATORY'S PHONE NUMBER |
5859872800 |
| DATE SIGNED |
02/06/2017 |
| AUTHORIZED SIGNATORY |
YES |
| CONCURRENT APPEAL NOTICE FILED |
NO |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Mon Feb 06 15:21:37 EST 2017 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XXX-
20170206152137540616-8695
8273-580b579f27e9b5335714
026d7393b89ed729f7ae432a1
be0d5dddcc65faa9b31-N/A-N
/A-20170206144059293276 |
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 1960 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 07/31/2017) |
Request for Reconsideration after Final Action
To the Commissioner for Trademarks:
Application serial no.
86958273 CLOUD NINE(Standard Characters, see http://uspto.report/TM/86958273/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
RESPONSE TO OFFICE ACTION FOR TRADEMARK APPLICATION SERIAL NO. 86/958,273 for CLOUD NINE RESPONSE SECTION 2(d) REFUSAL BASED ON LIKELIHOOD OF CONFUSION In the Final Office Action dated August 4,
2016, the Examiner maintained the rejection of the present application because of a likelihood of confusion with the CLOUD 9 mark set forth in U.S. Registration No. 4,521,469. On February 6, 2017,
Applicant filed a Petition to Cancel the Registration No. 4,521,469 with the U.S. Patent and Trademark Office. Therefore, Applicant respectfully requests that the present application be suspended
pending the outcome of the cancellation proceeding. See TMEP 716.02(a).
EVIDENCE
Original PDF file:
evi_66162186115-20170206144059293276_._104612Response.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Katherine H. McGuire/ Date: 02/06/2017
Signatory's Name: Katherine H. McGuire, Esq.
Signatory's Position: Attorney of Record, NY Bar Member
Signatory's Phone Number: 5859872800
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.
The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.
Serial Number: 86958273
Internet Transmission Date: Mon Feb 06 15:21:37 EST 2017
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201702061521375
40616-86958273-580b579f27e9b5335714026d7
393b89ed729f7ae432a1be0d5dddcc65faa9b31-
N/A-N/A-20170206144059293276
