TEAS Request Reconsideration after FOA

PTO- 1960

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

---

PTO- 1960

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 87324488 XTREME (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8732448 8/large) has been amended as follows:

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

In response to the Final Office Action mailed on January 2, 2021, Applicant respectfully requests reconsideration of the refusal in view of the below remarks.

The Section 2(d) Likelihood of Confusion refusal in view of third party registrations for EXTREME RACING OIL and EXTREME BRAND PRODUCTS, under U.S. Trademark Registration Nos. 5299501 and 5514369 is now moot in view of the third party's assignment of the registrations to Applicant.

Concurrently with this filing, Applicant filed a request to record a trademark assignment evidencing the conveyance of the cited registrations to Applicant (see Exhibit 1). The USPTO's filing receipt for the recordation request is attached as Exhibit 2.

Consequently, with the assignment of the cited registrations to Applicant, the Section 2(d) refusal is now unwarranted. Accordingly, Applicant respectfully requests entry of the claim of ownership of said registrations and passage of the instant application to publication. To preserve Applicant's rights, Applicant is also concurrently filing a Notice of Appeal.

Should the Examining Attorney or the Office have any questions, please contact the undersigned attorney.

EVIDENCE
Evidence has been attached: Exhibit 1 consists of an executed trademark assignment and Exhibit 2 consists of a USPTO filing receipt for a request to record the executed trademark assignment
Original PDF file:
evi_10454248200-202107012 12927486667_._Exhbit_1.pdf
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3
Original PDF file:
evi_10454248200-202107012 12927486667_._Exhibit_2.pdf
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Martin Operating Partnership L.P., a limited partnership legally organized under the laws of Delaware, comprising of Martin Operating GP LLC, a Delaware limited liability company, having an address of
      4200 Stone Road
      Kilgore, Texas 75662
      United States

Proposed: Martin Operating Partnership L.P., a limited partnership legally organized under the laws of Delaware, comprising of Martin Operating GP LLC, a Delaware limited liability company, having an address of
      C/O Clark Hill PLC
      909 Fannin Street, Suite 2300
      Houston, Texas 77010
      United States
      Email Address: XXXX
      Domiciled at: XXXX

ADDITIONAL STATEMENTS
Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5299501 and 5514369.


The owner's/holder's current attorney information: John A. Tang. John A. Tang of Clark Hill PLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      909 FANNIN STREET, SUITE 2300
      HOUSTON, Texas 77010
      United States
The docket/reference number is A9196.A31991.
      The phone number is 7139515600.
      The email address is ipdocket@clarkhill.com

The owner's/holder's proposed attorney information: John A. Tang. John A. Tang of Clark Hill PLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 2300
      909 FANNIN STREET
      HOUSTON, Texas 77010
      United States
The docket/reference number is A9196.A31991.
      The phone number is 7139515600.
      The fax number is 7139515660.
      The email address is jtang@clarkhill.com

John A. Tang submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      John A. Tang
      PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@clarkhill.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): john.tang@clarkhillstrasburger.com; lisa.anguiano@clarkhillstrasburger.com; ipdocketing@clarkhillstrasburger.com

The docket/reference number is A9196.A31991.
Correspondence Information (proposed):
      John A. Tang
      PRIMARY EMAIL FOR CORRESPONDENCE: jtang@clarkhill.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): languiano@clarkhill.com; ipdocketing@clarkhill.com; jtang@clarkhill.com

The docket/reference number is A9196.A31991.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /John A. Tang/     Date: 07/01/2021
Signatory's Name: John A. Tang
Signatory's Position: Attorney of record, Texas bar member

Signatory's Phone Number: 7139515600 Signature method: Signed directly within the form

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    John A. Tang
   Clark Hill PLC
   
   909 FANNIN STREET, SUITE 2300
   HOUSTON, Texas 77010
Mailing Address:    John A. Tang
   Clark Hill PLC
   SUITE 2300
   909 FANNIN STREET
   HOUSTON, Texas 77010
        
Serial Number: 87324488
Internet Transmission Date: Thu Jul 01 21:55:39 ET 2021
TEAS Stamp: USPTO/RFR-XXX.XX.XXX.XXX-202107012155396
97671-87324488-780a08b64dfcdcfb7a98acac4
4383c323bd9bd3f23b1f54cd932492378949be-N
/A-N/A-20210701212927486667