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 NUMBER87668760
LAW OFFICE ASSIGNEDLAW OFFICE 123
MARK SECTION
MARK https://tmng-al.uspto.gov/resting2/api/img/87668760/large
LITERAL ELEMENT ANYWHERE, ANYTIME
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 Office Action refused registration on the basis of a likelihood of confusion with Reg. No. 4029107 for YOUR WAY ANYTIME ANYWHERE.  The grace period for filing a Section 8 Declaration of Use for the registration expired on March 20, 2018.  No Section 8 has been filed.  Therefore, the registration will be cancelled in due course.  Accordingly, Applicant requests that Applicant’s Application proceed to publication once the YOUR WAY ANYTIME ANYWHERE registration is cancelled.
SIGNATURE SECTION
RESPONSE SIGNATURE /Matthew L. Frisbee/
SIGNATORY'S NAME Matthew Frisbee
SIGNATORY'S POSITION Attorney of record, New York State bar member
DATE SIGNED 04/26/2018
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Apr 26 16:51:52 EDT 2018
TEAS STAMP USPTO/ROA-XXX.XX.XXX.XXX-
20180426165152889267-8766
8760-5109b6d9ada512ff3c3d
fe051d1360f05f9c51ae8c13b
04d841b4971e8ed726-N/A-N/
A-20180426144429321586


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. 87668760 ANYWHERE, ANYTIME(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/87668760/large) has been amended as follows:

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

The Office Action refused registration on the basis of a likelihood of confusion with Reg. No. 4029107 for YOUR WAY ANYTIME ANYWHERE.  The grace period for filing a Section 8 Declaration of Use for the registration expired on March 20, 2018.  No Section 8 has been filed.  Therefore, the registration will be cancelled in due course.  Accordingly, Applicant requests that Applicant’s Application proceed to publication once the YOUR WAY ANYTIME ANYWHERE registration is cancelled.





SIGNATURE(S)
Response Signature
Signature: /Matthew L. Frisbee/     Date: 04/26/2018
Signatory's Name: Matthew Frisbee
Signatory's Position: Attorney of record, New York State bar member

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: 87668760
Internet Transmission Date: Thu Apr 26 16:51:52 EDT 2018
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201804261651528
89267-87668760-5109b6d9ada512ff3c3dfe051
d1360f05f9c51ae8c13b04d841b4971e8ed726-N
/A-N/A-20180426144429321586