| 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 1822 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 87826390 |
| LAW OFFICE ASSIGNED | LAW OFFICE 112 |
| MARK SECTION | |
| MARK | http://uspto.report/TM/87826390/mark.png |
| LITERAL ELEMENT | AEON |
| 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. |
| CANCELLATION PROCEEDING(S) | |
| Cancellation No(s). 92070607 is/are still pending. However, the applicant hereby requests removal of this application from suspension for the examining attorney to consider a submission, such as an amendment or consent agreement. | |
| COMMENT(S)/REMARK(S) | |
|
The parties to the referenced cancellation proceeding have entered into a Settlement and Consent Agreement, a copy of which is attached. Under the terms of that Agreement, the registrant has consented "to LEXINGTON’s registration of the AEON mark based on the LEXINGTON APPLICATION for the goods recited therein." See Paragraph 1 of the Agreement. The Agreement further outlines why the parties believe no likelihood of confusion exist and the efforts that the parties have agreed to take to ensure no confusion arises. See, e.g., Paragraphs 2 and 3 of the Agreement. The Agreement further outlines the commitment of the parties to cooperate in the unlikely even actual confusion arises to address such confusion and prevent further occurrences of confusion. See Paragraph 4 of the Agreement. The referenced cancellation proceeding will be dismissed upon withdrawal of the USPTO of its refusal to grant Applicant a registration based on the subject application. See paragraph 5 of the Agreement. Applicant also wishes to draw the Examining Attorney's attention to the fact that the two cited registrations serving as the basis for refusal were assigned to MagnebotiX AG, one of the signatories to the Agreement. Current ownership by that company is reflected in the assignment records of the USPTO. In view of the foregoing, Applicant requests that the refusal to register be withdrawn and that Applicant's AEON mark be published for opposition. |
|
| REMARKS FILE NAME(S) | |
| ORIGINAL PDF FILE | CAR_6617026184-140058400_._S22451_AEON_Settlement_Agreement_Fully_Executed_5.8.19.pdf |
| CONVERTED PDF FILE(S) (4 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\878\263\87826390\xml14\RSI0002.JPG |
| \\TICRS\EXPORT17\IMAGEOUT17\878\263\87826390\xml14\RSI0003.JPG | |
| \\TICRS\EXPORT17\IMAGEOUT17\878\263\87826390\xml14\RSI0004.JPG | |
| \\TICRS\EXPORT17\IMAGEOUT17\878\263\87826390\xml14\RSI0005.JPG | |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /james t nikolai/ |
| SIGNATORY'S NAME | James T. Nikolai |
| SIGNATORY'S POSITION | Attorney of record, Minnesota bar member |
| SIGNATORY'S PHONE NUMBER | 612-305-1518 |
| DATE SIGNED | 05/08/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed May 08 14:27:31 EDT 2019 |
| TEAS STAMP | USPTO/RSI-XX.XXX.XX.XXX-2 0190508142731138623-87826 390-620257d2d5a7b98c15e81 ae7fbc8a18e87fdef66e2dce9 6c34db6640ab0ac3744-N/A-N /A-20190508140058400603 |
| 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 1822 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
The parties to the referenced cancellation proceeding have entered into a Settlement and Consent Agreement, a copy of which is attached. Under the terms of that Agreement, the registrant has consented "to LEXINGTON’s registration of the AEON mark based on the LEXINGTON APPLICATION for the goods recited therein." See Paragraph 1 of the Agreement. The Agreement further outlines why the parties believe no likelihood of confusion exist and the efforts that the parties have agreed to take to ensure no confusion arises. See, e.g., Paragraphs 2 and 3 of the Agreement. The Agreement further outlines the commitment of the parties to cooperate in the unlikely even actual confusion arises to address such confusion and prevent further occurrences of confusion. See Paragraph 4 of the Agreement. The referenced cancellation proceeding will be dismissed upon withdrawal of the USPTO of its refusal to grant Applicant a registration based on the subject application. See paragraph 5 of the Agreement.
Applicant also wishes to draw the Examining Attorney's attention to the fact that the two cited registrations serving as the basis for refusal were assigned to MagnebotiX AG, one of the signatories to the Agreement. Current ownership by that company is reflected in the assignment records of the USPTO.
In view of the foregoing, Applicant requests that the refusal to register be withdrawn and that Applicant's AEON mark be published for opposition.
