| 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 |
|---|---|
| SERIAL NUMBER | 87136931 |
| LAW OFFICE ASSIGNED | LAW OFFICE 117 |
| MARK SECTION | |
| MARK FILE NAME | http://uspto.report/TM/87136931/mark.png |
| LITERAL ELEMENT | SUNWORKS |
| STANDARD CHARACTERS | NO |
| USPTO-GENERATED IMAGE | NO |
| ARGUMENT(S) | |
|
In the Office Action issued November 26, 2016, the Examining Attorney stated the following issues regarding the present application: insufficient fee paid for number of identified classes and potential Section 2(d) Refusal – Likelihood of Confusion. Insufficient Fees Applicant herewith submits the fees for the additional identified classes. Potential Section 2(d) Refusal – Likelihood of Confusion The Examining Attorney has stated that she may refuse registration under Trademark Act Section 2(d) because of a likelihood of confusion with the mark in pending U.S. Application Nos. 86/733401 owned by Sunworks United Inc. According to the Annual Report for the fiscal year ended December 31, 2015, filed with the U.S. Securities and Exchange Commission, Sunworks United, Inc. is a wholly-owned subsidiary of Sunworks, Inc. (see evidence). In light of the evidence, Applicant respectfully asserts the ‘401 Application and the present application are owned by the same source and there is no likelihood of confusion. In view of the foregoing remarks, Applicant respectfully submits that its SUNWORKS mark is entitled to registration and requests that it be promptly allowed for publication. If the Examining Attorney requires any changes to the application that could be made by Examiner’s Amendment, Applicant respectfully requests that she telephone the undersigned attorney at: (801) 533- 9800. The Commissioner for Trademarks is authorized to charge any additional fees associated with this response to Deposit Account No. 23-3178. |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME(S) | |
| ORIGINAL PDF FILE | evi_20918088130-20170515175046470681_._20585-13_evidence.pdf |
| CONVERTED PDF FILE(S) (3 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\871\369\87136931\xml4\ROA0002.JPG |
| \\TICRS\EXPORT17\IMAGEOUT17\871\369\87136931\xml4\ROA0003.JPG | |
| \\TICRS\EXPORT17\IMAGEOUT17\871\369\87136931\xml4\ROA0004.JPG | |
| DESCRIPTION OF EVIDENCE FILE | Copy of Annual Report filed with the U.S. SEC |
| PAYMENT SECTION | |
| NUMBER OF CLASSES | 7 |
| APPLICATION FOR REGISTRATION PER CLASS | 275 |
| TOTAL FEES DUE | 1925 |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /John C. Stringham, 40831/ |
| SIGNATORY'S NAME | John C. Stringham |
| SIGNATORY'S POSITION | Attorney of record, Utah bar member |
| SIGNATORY'S PHONE NUMBER | 801-533-9800 |
| DATE SIGNED | 05/16/2017 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue May 16 16:42:16 EDT 2017 |
| TEAS STAMP | USPTO/ROA-XXX.XXX.XX.XXX- 20170516164216688912-8713 6931-590401a3fa32e38ad55b 7cb2c0cfd346bdb0df113e125 aff7577507a87f0ed2484-CC- 3381-20170516163749592412 |
| 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) |
In the Office Action issued November 26, 2016, the Examining Attorney stated the following issues regarding the present application: insufficient fee paid for number of identified classes and potential Section 2(d) Refusal – Likelihood of Confusion.
Insufficient Fees
Applicant herewith submits the fees for the additional identified classes.
Potential Section 2(d) Refusal – Likelihood of Confusion
The Examining Attorney has stated that she may refuse registration under Trademark Act Section 2(d) because of a likelihood of confusion with the mark in pending U.S. Application Nos. 86/733401 owned by Sunworks United Inc.
According to the Annual Report for the fiscal year ended December 31, 2015, filed with the U.S. Securities and Exchange Commission, Sunworks United, Inc. is a wholly-owned subsidiary of Sunworks, Inc. (see evidence).
In light of the evidence, Applicant respectfully asserts the ‘401 Application and the present application are owned by the same source and there is no likelihood of confusion.
In view of the foregoing remarks, Applicant respectfully submits that its SUNWORKS mark is entitled to registration and requests that it be promptly allowed for publication.
If the Examining Attorney requires any changes to the application that could be made by Examiner’s Amendment, Applicant respectfully requests that she telephone the undersigned attorney at: (801) 533- 9800. The Commissioner for Trademarks is authorized to charge any additional fees associated with this response to Deposit Account No. 23-3178.
