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
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
87638773 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 121 |
| MARK SECTION |
| MARK |
http://uspto.report/TM/87638773/mark.png |
| LITERAL ELEMENT |
SEDONA |
| STANDARD CHARACTERS |
YES |
| USPTO-GENERATED IMAGE |
YES |
| MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
| ARGUMENT(S) |
| The original Sedona trademark registration, #3926885, was granted on March 1, 2011. The Sedona trademark has been continuously used in commerce
since the date of the original application and registration. On October 22, 2012, the application for the Sedona by Lynx trademark was submitted. At that time, any likelihood of confusion was not
found and the registration was approved on September 16, 2014. Due to error, the original Sedona trademark registration was allowed to lapse and the current application was made to restore the
registration of the trademark, which has been in continuous use for over 7 years. We currently face a situation where the USPTO has stated that there is a substantial likelihood of confusion between
the Sedona and Sedona by Lynx marks. If that is the case, it raises the question as to why the Sedona by Lynx mark was approved in the first place. If the likelihood of confusion did not exist in
2014, it is hard to imagine that it exists now. Especially since the two marks have been coexisting for over 3 years without any confusion in the market. It seems that the factors are being applied
somewhat arbitrarily if the Sedona by Lynx mark was not found to be confusing against the Sedona mark but that the Sedona mark would be confusing against the Sedona by Lynx mark. |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Jae K. Choi/ |
| SIGNATORY'S NAME |
Jae K. Choi |
| SIGNATORY'S POSITION |
Owner |
| DATE SIGNED |
07/17/2018 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Tue Jul 17 18:19:58 EDT 2018 |
| TEAS STAMP |
USPTO/ROA-XX.XX.XX.XX-201
80717181958440647-8763877
3-610fd74c56242d4f93cdb6e
48dbbbd962b74780b44738dfe
2676c93acbc93f3a53-N/A-N/
A-20180717165125410203 |
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.
87638773 SEDONA(Standard Characters, see http://uspto.report/TM/87638773/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
The original Sedona trademark registration, #3926885, was granted on March 1, 2011. The Sedona trademark has been continuously used in commerce since the date of the original application and
registration. On October 22, 2012, the application for the Sedona by Lynx trademark was submitted. At that time, any likelihood of confusion was not found and the registration was approved on
September 16, 2014. Due to error, the original Sedona trademark registration was allowed to lapse and the current application was made to restore the registration of the trademark, which has been in
continuous use for over 7 years. We currently face a situation where the USPTO has stated that there is a substantial likelihood of confusion between the Sedona and Sedona by Lynx marks. If that is
the case, it raises the question as to why the Sedona by Lynx mark was approved in the first place. If the likelihood of confusion did not exist in 2014, it is hard to imagine that it exists now.
Especially since the two marks have been coexisting for over 3 years without any confusion in the market. It seems that the factors are being applied somewhat arbitrarily if the Sedona by Lynx mark
was not found to be confusing against the Sedona mark but that the Sedona mark would be confusing against the Sedona by Lynx mark.
SIGNATURE(S)
Response Signature
Signature: /Jae K. Choi/ Date: 07/17/2018
Signatory's Name: Jae K. Choi
Signatory's Position: Owner
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: 87638773
Internet Transmission Date: Tue Jul 17 18:19:58 EDT 2018
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-201807171819584406
47-87638773-610fd74c56242d4f93cdb6e48dbb
bd962b74780b44738dfe2676c93acbc93f3a53-N
/A-N/A-20180717165125410203