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) |
Input Field |
Entered |
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SERIAL NUMBER | 87109191 |
LAW OFFICE ASSIGNED | LAW OFFICE 110 |
MARK SECTION | |
MARK | http://uspto.report/TM/87109191/mark.png |
LITERAL ELEMENT | MILLENNIUM |
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) | |
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
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EVIDENCE SECTION | |
EVIDENCE FILE NAME(S) | |
ORIGINAL PDF FILE | evi_1992559130-20170425112501455050_._Response_to_Office_Action_-MILLENNIUM.pdf |
CONVERTED PDF FILE(S) (2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\871\091\87109191\xml3\ROA0002.JPG |
\\TICRS\EXPORT17\IMAGEOUT17\871\091\87109191\xml3\ROA0003.JPG | |
ORIGINAL PDF FILE | evi_1992559130-20170425112501455050_._MILLENNIUM_PHOTO_Exhibit_A_Consent_Agreement.pdf |
CONVERTED PDF FILE(S) (2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\871\091\87109191\xml3\ROA0004.JPG |
\\TICRS\EXPORT17\IMAGEOUT17\871\091\87109191\xml3\ROA0005.JPG | |
DESCRIPTION OF EVIDENCE FILE | 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 |
SIGNATURE SECTION | |
RESPONSE SIGNATURE | /David A. Harlow/ |
SIGNATORY'S NAME | David A. Harlow |
SIGNATORY'S POSITION | North Carolina bar member |
SIGNATORY'S PHONE NUMBER | 919-787-8880 |
DATE SIGNED | 04/25/2017 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Tue Apr 25 11:47:37 EDT 2017 |
TEAS STAMP | USPTO/ROA-XXX.XXX.X.XXX-2 0170425114737022948-87109 191-58037faefa9dcd810cbfd 18f31617f2639f7592eac2ee5 75ab6efd9ea435018123-N/A- N/A-20170425112501455050 |
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) |
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