Response to Office Action

DOMAIN

Swiff-Train Company, LLC

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 87183314
LAW OFFICE ASSIGNED LAW OFFICE 102
MARK SECTION
MARK http://uspto.report/TM/87183314/mark.png
LITERAL ELEMENT DOMAIN
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)

The registration that was cited as a bar to registration based on a likelihood of confusion under Section 2(d) was not renewed in 2014 and thus cannot be cited against Applicant’s mark.  The Trademark Office database currently reflects the registration status as live.  The Office Action should be withdrawn based on the fact that Reg. No. 1863224 for the mark DOMAIN has cancelled and this was the only issue addressed therein.

SIGNATURE SECTION
RESPONSE SIGNATURE /jwb/
SIGNATORY'S NAME Joseph W. Berenato, III
SIGNATORY'S POSITION Attorney
SIGNATORY'S PHONE NUMBER 240.330.4520
DATE SIGNED 01/05/2017
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Jan 05 16:01:12 EST 2017
TEAS STAMP USPTO/ROA-XX.XX.XXX.XX-20
170105160112522956-871833
14-570671a32793a1e4cbbba5
3a211ae302ef0ecbe9c76642e
91c3f99512b786f4aa-N/A-N/
A-20170105160039001608



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. 87183314 DOMAIN(Standard Characters, see http://uspto.report/TM/87183314/mark.png) has been amended as follows:

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

The registration that was cited as a bar to registration based on a likelihood of confusion under Section 2(d) was not renewed in 2014 and thus cannot be cited against Applicant’s mark.  The Trademark Office database currently reflects the registration status as live.  The Office Action should be withdrawn based on the fact that Reg. No. 1863224 for the mark DOMAIN has cancelled and this was the only issue addressed therein.



SIGNATURE(S)
Response Signature
Signature: /jwb/     Date: 01/05/2017
Signatory's Name: Joseph W. Berenato, III
Signatory's Position: Attorney

Signatory's Phone Number: 240.330.4520

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: 87183314
Internet Transmission Date: Thu Jan 05 16:01:12 EST 2017
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20170105160112522
956-87183314-570671a32793a1e4cbbba53a211
ae302ef0ecbe9c76642e91c3f99512b786f4aa-N
/A-N/A-20170105160039001608



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