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. 87240340 PODIUM(Standard Characters, see http://uspto.report/TM/87240340/mark.png) has been amended as follows:
PENDING SERIAL NUMBER(S)
Serial number(s) 87070471 and 87070643 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)

This responds to the PTO's suspension notice dated December 14, 2016.

Applicant and the owner of the cited prior-filed applications have entered the attached Consent Agreement in an effort to address the PTO's likelihood of confusion concern.  In accordance with that agreement, both Applicant and the cited prior applicant also have amended the subject applications (or are in the process of doing so) to further avoid a likelihood of confusion between their marks.  In light of these actions, Applicant respectfully submits that consumer confusion between the subject marks is not likely and, therefore, requests the PTO publish Applicant's mark for potential third-party opposition.

Original PDF file:
PE_189146129184-153758058_._Consent_Agreement_-_PODYUM-PODIUM_-_Signed.pdf
Converted PDF file(s) (3 pages)
Pending File1
Pending File2
Pending File3
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 045 for Internet-based social networking services; On-line social networking services; Online social networking services accessible by means of downloadable mobile applications; Online social networking services provided through a sports community website; Online social networking services in the field of sports; Providing a social networking website for entertainment purposes
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Proposed:
Tracked Text Description: Internet-based social networking services; On-line social networking services; Online social networking services accessible by means of downloadable mobile applications; Online social networking services provided through a sports community website; Online social networking services in the field of sports; Providing a social networking website for entertainment purposes; Providing a social networking website for entertainment purposes, all of the foregoing services limited to use with car racing and other motorsports.Class 045 for Internet-based social networking services; On-line social networking services; Online social networking services accessible by means of downloadable mobile applications; Online social networking services provided through a sports community website; Online social networking services in the field of sports; Providing a social networking website for entertainment purposes, all of the foregoing services limited to use with car racing and other motorsports.
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).


Response Suspension Inquiry Signature
Signature: /Michael G. Atkins/     Date: 10/19/2017
Signatory's Name: Michael G. Atkins
Signatory's Position: Attorney of record, Washington bar member
Signatory's Phone Number: 206-628-0983

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: 87240340
Internet Transmission Date: Thu Oct 19 15:56:04 EDT 2017
TEAS Stamp: USPTO/RSI-XXX.XXX.XXX.XXX-20171019155604
134641-87240340-510c93a87f4193623f2b6ce7
bb9fd88e4ee15d2989d22ec350b5923f5a45db35
-N/A-N/A-20171019153758058597