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. 87526106 PRIMAL(Standard Characters, see http://uspto.report/TM/87526106/mark.png) has been amended as follows:

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

Dear Mr. Rosenthal, Hope you are doing well. We spoke a few months ago regarding my trademark application. As I had sustained a toxic inhalation injury at work and had lost my employment because of it, I have not been able to respond to your letter. I hope you are able to understand my reconsideration as am not well versed on legal terms. If you could reconsider the application based on evidence im sending or possibly give me extra time to contact the owners of the other trademarks listed on your document. I would very much appreciate it. Thank you for the consideration. Best of health, Ron In response to: Trademark application # 87526106 ?I respectfully request a reconsideration of the USPTO?s refusal of the above-referenced trademark application. ?I would like to present that I believe there is no likelihood of consumer confusion. There is no likelihood of confusion based on the factors 1. Primal Torque: The name Torque has a very different meaning and sound when combined with Primal. Torque would imply a unit of power. The product description and marketing are too very different catagories as well as Primal Torque focuses on specific glueal involvement of the whole body where Primal is on whole integrated body and health products. 2. Primal Strong: This company focuses on heavy weights and powerlifting, and marketing is not similar to our company in meaning and use. 3. Primal 7: This companys name is a reference to the number of exercises it promotes for its product. The price point is completing out of our companies range. 4. Primal Trainer: I began using this trademark back in 1999 and had it registered a few years ago. I also have a registered trademark called Primal Training. 5. I also have a registered trademark from the state of Vermont for Primal. Submit a different specimen I am sending a exercise ball with the name Primal on it. Conclusion: For the reasons set forth above, there is no likelihood of confusion in granting the trademark in its disclaimed format.? Applicant respectfully requests the trademark be granted and the refusal withdrawn. I can be reached at (802) 238-0903 for further comments or clarifications. Thanks you for your time and consideration. Best of Health, Ronald McConnell

EVIDENCE
Evidence in the nature of 1. Product with trademark name on it. 2. State trademark has been attached.
Original PDF file:
evi_104238129245-20180405092158139962_._Primal_-_state_trademark_certificate.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_104238129245-20180405092158139962_._Primal__product.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

SIGNATURE(S)
Response Signature
Signature: /Ronald McConnell/     Date: 04/05/2018
Signatory's Name: Ronald McConnell
Signatory's Position: Owner

Signatory's Phone Number: 802-238-0903

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 87526106
Internet Transmission Date: Thu Apr 05 10:07:16 EDT 2018
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20180405100716
603808-87526106-5108ac87d835b90234449b5b
dca4f79f9ed34af97cae39121edefb7e136628ec
-N/A-N/A-20180405092158139962