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. 87748706 RIPTIDE(Standard Characters, see http://uspto.report/TM/87748706/mark.png) has been amended as follows:

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

The Office Action indicates that the present Application may be suspended pending the disposition of U.S. Application Serial No. 86180652 for the mark RIPTIDE in connection with aquarium cleaning machines. Applicant respectfully disagrees with the conclusion that there could be any potential likelihood of confusion with this mark, though further argument no longer appears necessary. As shown in the attached TSDR record, the cited prior application was abandoned as of June 18, 2018 for failure to file a Statement of Use or Extension Request after a Notice of Allowance had issued. There being no other prior applications or registrations cited by the Examining Attorney, and in light of the amendment to the Identification of Goods set forth in connection with this Response, Applicant respectfully requests that this Application be placed in condition for publication.

EVIDENCE
Evidence in the nature of TSDR record for cited prior application has been attached.
Original PDF file:
evi_5019216049-20180626143653544038_._Riptide_TSDR.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for Pool vacuum system including vacuum cleaner, cart and transport rack, and replacement parts therefor
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/01/2016 and first used in commerce at least as early as 12/01/2016 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Pool vacuum system including vacuum cleaner, cart and transport rack, and replacement parts therefor; Pool vacuum system comprised of pool vacuum cleaner, cart and transport rack, and replacement parts therefor all sold as a unitClass 007 for Pool vacuum system comprised of pool vacuum cleaner, cart and transport rack, and replacement parts therefor all sold as a unit
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/01/2016 and first used in commerce at least as early as 12/01/2016 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Brian M. Taillon/     Date: 06/26/2018
Signatory's Name: Brian M. Taillon
Signatory's Position: Attorney of record, Florida bar member

Signatory's Phone Number: 561-625-6575

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: 87748706
Internet Transmission Date: Tue Jun 26 14:50:03 EDT 2018
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2018062614500332
5378-87748706-61023988d326976b9df01abaca
c68fee43b3e826552e6448a8eb54c110154b99c5
-N/A-N/A-20180626143653544038