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)

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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. 87035440 TINDER(Standard Characters, see http://uspto.report/TM/87035440/mark.png) has been amended as follows:

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

Dear Ms. Tina Brown: I am not an attorney. However, I will do my best to provide my arguments as follow. 1) My mark, Tinder, will NOT cause any confusion to the trademark #85643198, Flint and Tinder. They are totally different concept and view and totally different trademarks. They are like trademark, RED BULL #4968850/4968853, and trademark, BULL #86936864, and trademark, Rock Bull #4712407.They can co-exist in the class 09. Therefore, both the trademarks should be allowed to co-exist in the class 25. At same, we own a trademark, Misty #3203664. However, USPTO has still allowed the other entity to register trademark, Misty Harbor #3506256 under same class 18. 2) We had asked 20 consumers and none of them had felt any confusion for trademark ?Tinder? and ?Flint and Tinder?. 3) We have been using the trademark, Tinder, in belt, glove and tie since 1993. We should have priority on the class #25. Please see our catalog evidence. 4) We had registered the trademark, Tinder, on class #18 since 1995. Please refer to serial# 74551577 and 77381473. 5) We do not and will not use the trademark, Tinder, on men?s underwear. We can exclude this kind of product from our registration for trademark, Flint and Tinder. Please kindly approve our application for above reasons and evidence.

EVIDENCE
Evidence in the nature of See the gloves in the catalog GV206 with trademark TINDER and teh sample photo taken on March 19, 2001. has been attached. Evidence-1
Evidence-2

SIGNATURE(S)
Response Signature
Signature: /edwardeng/     Date: 12/28/2016
Signatory's Name: edward eng
Signatory's Position: GENERAL MANAGER

Signatory's Phone Number: 626-329-0338

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 87035440
Internet Transmission Date: Wed Dec 28 20:36:40 EST 2016
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2016122820364062
5558-87035440-570ff1bbcf8db282cfe5158f1a
0a76dc380e055f8853d3e8ad6a411ef34c29ff-N
/A-N/A-20161228203028556841