TEAS Response to Suspension Inquiry

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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

---

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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 87221071 CALIBER(Standard Characters, see http://uspto.report/TM/87221071/mark.png) has been amended as follows:
PENDING SERIAL NUMBER(S)
Serial number(s) 86089177; 86949349 should not be used as a citation(s) under Section 2(d), in the event that said serial number(s) mature(s) into a registration(s). The applicant hereby requests removal of this application from suspension, based on the following arguments. If the examining attorney is not persuaded by these arguments, the applicant hereby requests that this application be returned to suspended status, awaiting ultimate disposition of the referenced serial number(s).

ARGUMENT(S)
Applicant Wal-Mart Stores, Inc. (?Applicant?), by and through counsel, hereby requests that the U.S. Patent & Trademark Office (?PTO?) lift the suspension against this application for CALIBER (Serial No. 87/221,071) and allow it to proceed to publication. On February 9, 2017, the PTO issued a Suspension Notice, finding potential conflicts with (a) Yellow Rose Distilling?s pending application for CALIBER CO. SPIRITS (Serial No. 86/949,349) and (b) Mr. Andrew Traskal?s pending application for 50 CALIBER (Ser. No. 86/089,177). Neither application is currently an obstacle to Applicant?s registration of the CALIBER mark. On February 5, 2018, Yellow Rose Distilling expressly abandoned its CALIBER CO. SPIRITS application; the PTO subsequently issued a Notice of Abandonment on February 21, 2018. Then, on February 26, 2018, Mr. Traskal failed to meet his deadline to respond to an office action against his 50 CALIBER application; accordingly, the application will no longer be active. In light of the foregoing, Applicant respectfully requests that the PTO lift the suspension and publish its CALIBER application.
The referenced serial number(s) 86089177; 86949349 has/have now abandoned/cancelled/expired. I am requesting removal of this application from suspension for consideration by the examining attorney.


Response Suspension Inquiry Signature
Signature: /Judd Lauter/     Date: 03/12/2018
Signatory's Name: Judd Lauter
Signatory's Position: Attorney of Record, CA Bar
Signatory's Phone Number: 6508435960

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 applicant'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 applicant in this matter: (1) the applicant 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 applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant'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: 87221071
Internet Transmission Date: Mon Mar 12 12:52:24 EDT 2018
TEAS Stamp: USPTO/RSI-XXX.XXX.XXX.XX-201803121252241
92620-87221071-510a88f9cb9b242bac179f7a9
9255d8e42bd3cf97950c5434170cc4f9219c8645
6-N/A-N/A-20180312124740538843