| 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) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 87772281 |
| LAW OFFICE ASSIGNED | LAW OFFICE 123 |
| MARK SECTION | |
| MARK | http://uspto.report/TM/87772281/mark.png |
| LITERAL ELEMENT | EXALT |
| 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 Examining Attorney issued an Office Action on May 17, 2018, indicating that registration of the applied-for mark is refused under Section 2(d) of the Trademark Act because of a likelihood of confusion with the mark EXSALT in U.S. Registration No. 4,219,817. For the reason that follows, Applicant submits that there is not a likelihood of confusion with a “registered” mark.
Without addressing, at this time, the substance of the 2(d) refusal, Applicant submits that the Registrant of the cited mark has not filed a §8 Affidavit which was due no later than October 9, 2018. The six-month grace period will expire on April 9, 2019. Thus, Applicant respectfully requests that the Examining Attorney suspend action on the subject application pending a determination of whether the (1) registrant files, and the USPTO accepts, a §8 Affidavit; or (2) grace period for filing the §8 Affidavit passes, and the registration is cancelled or expires.
|
|
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /todd messal/ |
| SIGNATORY'S NAME | Todd Messal |
| SIGNATORY'S POSITION | Assistant Secretary |
| SIGNATORY'S PHONE NUMBER | 763-494-1700 |
| DATE SIGNED | 11/12/2018 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Mon Nov 12 15:32:11 EST 2018 |
| TEAS STAMP | USPTO/ROA-XXX.XXX.XX.XXX- 20181112153211892028-8777 2281-610bd438d5a403587528 bdf1de06feea22de0fdc5e0bb 28a04a17691788c72017f3-N/ A-N/A-2018111215263569372 6 |
| 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) |
The Examining Attorney issued an Office Action on May 17, 2018, indicating that registration of the applied-for mark is refused under Section 2(d) of the Trademark Act because of a likelihood of confusion with the mark EXSALT in U.S. Registration No. 4,219,817. For the reason that follows, Applicant submits that there is not a likelihood of confusion with a “registered” mark.
Without addressing, at this time, the substance of the 2(d) refusal, Applicant submits that the Registrant of the cited mark has not filed a §8 Affidavit which was due no later than October 9, 2018. The six-month grace period will expire on April 9, 2019. Thus, Applicant respectfully requests that the Examining Attorney suspend action on the subject application pending a determination of whether the (1) registrant files, and the USPTO accepts, a §8 Affidavit; or (2) grace period for filing the §8 Affidavit passes, and the registration is cancelled or expires.