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. 87109191 MILLENNIUM(Standard Characters, see http://uspto.report/TM/87109191/mark.png) has been amended as follows:

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

ARGUMENT

 

                The Applicant has submitted the Consent of the cited Registrant which is attached hereto as Exhibit A. Further the Applicant notes, all as set forth in the Statement of Consent, that the Application is engaged in the business of general commercial printing, and the Applicant and the Registrant offer different goods and services. Additionally, the Applicant and Registrant offer their goods and services through different channels of trade and marketing. Finally, the marks of both the Applicant and Registrant have co-existed for a period of some years with no known incidents of confusion amongst their respective customers.

 

                For the reasons set forth above, Applicant respectively requests that the Application be approved and passed to Publication.

 

 

 

                                                            Respectfully submitted,

 

                                                            MANNING FULTON & SKINNER, P.A.

 

 

 

                                                            /David A. Harlow/

David A. Harlow

                                                            North Carolina Bar Member #1887

                                                            USPTO Reg. #37,146

                                                           

EVIDENCE
Evidence in the nature of RESPONSE TO OFFICE ACTION The Examining Attorney on October 28, 2016 issued an Office Action in regards to this Application, rejecting the Application on the basis of Section 2(d) citing a likelihood of confusion with Registration No. 4,737,069 for MILLENNIUM PHOTO owned by Millennium Photo Inc., a Japan corporation. For the reason set forth below, Millennium Photo, Inc. has consented to Applicant's Application, and the Applicant herewith submits a copy of said Consent as Exhibit A to this Response. Applicant submits that this Consent and the arguments set forth below are sufficient to overcome the 2(d) Rejection, and that the Application should be approved and passed to Publication. ARGUMENT The Applicant has submitted the Consent of the cited Registrant which is attached hereto as Exhibit A. Further the Applicant notes, all as set forth in the Statement of Consent, that the Application is engaged in the business of general commercial printing, and the Applicant and the Registrant offer different goods and services. Additionally, the Applicant and Registrant offer their goods and services through different channels of trade and marketing. Finally, the marks of both the Applicant and Registrant have co-existed for a period of some years with no known incidents of confusion amongst their respective customers. For the reasons set forth above, Applicant respectively requests that the Application be approved and passed to Publication. Respectfully submitted, MANNING FULTON & SKINNER, P.A. /David A. Harlow/ David A. Harlow North Carolina Bar Member #1887 USPTO Reg. #37,146 has been attached.
Original PDF file:
evi_1992559130-20170425112501455050_._Response_to_Office_Action_-MILLENNIUM.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_1992559130-20170425112501455050_._MILLENNIUM_PHOTO_Exhibit_A_Consent_Agreement.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

SIGNATURE(S)
Response Signature
Signature: /David A. Harlow/     Date: 04/25/2017
Signatory's Name: David A. Harlow
Signatory's Position: North Carolina bar member

Signatory's Phone Number: 919-787-8880

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: 87109191
Internet Transmission Date: Tue Apr 25 11:47:37 EDT 2017
TEAS Stamp: USPTO/ROA-XXX.XXX.X.XXX-2017042511473702
2948-87109191-58037faefa9dcd810cbfd18f31
617f2639f7592eac2ee575ab6efd9ea435018123
-N/A-N/A-20170425112501455050