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 09/20/2020)

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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 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87352824 NEO (Stylized and/or with Design, see http://uspto.report/TM/87352824/mark.png) has been amended as follows:

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

Pursuant to T.M.E.P. § 716.02(a), Applicant requests suspension of the instant application because Applicant has filed a petition to cancel the registration cited in refusal under 15 U.S.C. § 1052(d) of Applicant’s registration (U.S. Reg. No. 5,079,587) pursuant to 15. U.S.C. § 1064.  Furthermore, the registration cited under 15 U.S.C. § 1052 in refusal of Applicant’s registration (U.S. Reg. No. 5,079,587) is subject to a court proceeding [Wholesale Moissanite LLC vs. Serenity Technologies Incorporated and Serenity Aryamond LLC, Case 5:17-cv-01628-DMG-SP (C.D. Ca. 2017)] for which Applicant is seeking a declaration of invalidity of the registration.  A copy of Applicant’s pleading the court proceeding is attached to this response.  Therefore, Applicant also requests suspension of the instant application pursuant to T.M.E.P. § 716.02(d).

Applicant has filed this response within the statutory period.  If there are any questions regarding this request to suspend the instant application, the trademark examining attorney is invited to contact the undersigned.

EVIDENCE
Evidence in the nature of a copy of Applicant's pleading the court proceeding is attached to this response has been attached.
Original PDF file:
evi_65121750-20171109155533957322_._17.09.22_Answer_to_Complaint.pdf
Converted PDF file(s) ( 19 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19

SIGNATURE(S)
Response Signature
Signature: /Tye Biasco/     Date: 11/09/2017
Signatory's Name: Tye Biasco
Signatory's Position: Attorney of record, Minnesota bar member

Signatory's Phone Number: 6123493010

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: 87352824
Internet Transmission Date: Thu Nov 09 16:20:03 EST 2017
TEAS Stamp: USPTO/ROA-XX.XXX.X.XX-201711091620032105
15-87352824-510c0c16871f9a98a917dbf27ea4
b288f78644cb165cfe52af84da54af2a051ed-N/
A-N/A-20171109155533957322