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)

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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 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. 87505904 GRIT(Standard Characters, see http://teas.gov.uspto.report/rsi/view/styles/No-Image-File.jpg) has been amended as follows:
PENDING SERIAL NUMBER(S)
Serial number(s) 87501823 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)
Grit Virtual Inc.'s ("Grit") goods and services under the referenced mark are different from those offered by Dakota J. Durden ("Durden") under the mark "Grit Design Build" in significant ways such that consumers will not be confused as to the sources of the goods and services. All of Durden's goods and services entail the provision of the end service or product, and all directly involve the performance of engineering services as provided directly by Durden "Engineering design services; Engineering drawing services; Computer aided engineering services for others; Conducting engineering surveys." This description is consistent with the services Durden lists on their website as shown in the accompanying attachment. On the other hand, Grit's services are of a much different nature, all involving software design, software applications, or services provided by software, and specifically exclude potentially overlapping services such as "engineering design and drawing services and engineering services." The difference in the nature of the services is further demonstrated from the attachment showing Grit's services as described on its website. Furthermore, the Grit's customers and Durden's customers, although generally within the same industry, are in very distinct positions in the marketplace, in essence, Grit's customers are suppliers in an industry in which Durden's consumers are end consumers. Durden's customers, for example (as is demonstrated by the attached screenshot of their website, as well as their trademark application), are those who construct or purchase buildings for their own use (e.g. Caterpillar, Tractor Supply Co., Etc.). Grit's customers, on the other hand, are firms like engineering firms, construction companies and architectural firms, as reflected in the attached screenshot from Grit's website. It is also important to note that in each case, the consumers are highly sophisticated consumers making large purchasing decisions in which they are likely to exercise a great deal of care, and easily capable of distinguishing the source of goods and services in this industry. Additionally, the nature of the services is much different. Grit's services software solutions that, in relevant part, are user-directed. On the other hand, Durden's services from a consumer interaction standpoint depend on human interaction and personally performed services, and do not generate automated outcomes directed by customer interaction with software.
Original PDF file:
PE_43418830-112934820_._Durden_customers.pdf
Converted PDF file(s) (3 pages)
Pending File1
Pending File2
Pending File3
Original PDF file:
PE_43418830-112934820_._Durden_Services.pdf
Converted PDF file(s) (7 pages)
Pending File1
Pending File2
Pending File3
Pending File4
Pending File5
Pending File6
Pending File7
Original PDF file:
PE_43418830-112934820_._Grit_Customers.pdf
Converted PDF file(s) (6 pages)
Pending File1
Pending File2
Pending File3
Pending File4
Pending File5
Pending File6
Original PDF file:
PE_43418830-112934820_._Grit_Services.pdf
Converted PDF file(s) (7 pages)
Pending File1
Pending File2
Pending File3
Pending File4
Pending File5
Pending File6
Pending File7


Response Suspension Inquiry Signature
Signature: /Samuel R. Foreman/     Date: 09/27/2018
Signatory's Name: Samuel R. Foreman
Signatory's Position: Attorney of Record, Kansas bar member
Signatory's Phone Number: 316-267-7361

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: 87505904
Internet Transmission Date: Thu Sep 27 11:41:31 EDT 2018
TEAS Stamp: USPTO/RSI-X.XX.XXX.XX-201809271141318403
20-87505904-610ab9f6ecc9ff75bdfe9f41d4c6
d43ece7c0a2d48ead25479a4d24f545b7f38-N/A
-N/A-20180927112934820455