TEAS Response to Suspension Inquiry

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)

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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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 88040590 ARTISENTIAL(Standard Characters, see http://uspto.report/TM/88040590/mark.png) has been amended as follows:
FOREIGN REGISTRATION
The applicant herein submits a digitized image of a copy, a certification, or a certified copy of a registration in the applicant's country of origin showing that the mark has been registered in that country, and that the registration is in full force and effect. If the foreign registration is not in English, an English translation thereof is being submitted. The applicant hereby requests removal of this application from suspension for further action by the examining attorney.

The applicant requests that the examining attorney delete the Section 1(b) basis for the goods and/or services that the foreign registration submitted herewith covers, IF the Section 44(e) basis is accepted for those goods and/or services.

Filing Basis: Section 44(e), Based on Foreign Registration: A copy of Korea, South registration number 1438316 registered 01/18/2019, with a renewal date of __________ and an expiration date of 01/18/2029, and translation thereof (if appropriate), is attached in accordance with 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FR_3898140130-111221344_._Korean_Reg_1438316.pdf
Converted PDF file(s) (5 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Comment(s)/Remark(s):

Applicant is responding to the Suspension Inquiry issued on May 9, 2019 in connection with the subject application.  The Examiner previously advised that action on this application was suspended pending receipt of a true copy, a photocopy, a certification, or a certified copy of the relevant foreign registration from Applicant's country of origin.  Applicant now must specify the status of the relevant foreign application.  In response, Applicant submits that Korean Application No. 402018-81450 has now registered, and Applicant attaches a copy of the registration, which includes an English translation.

More specifically, Applicant states that Korean Application No. 402018-81450 has now registered under Korean Registration No. 1438316.  The date of registration is January 18, 2019, and the date of expiration is set for January 18, 2029.  Applicant requests that this Korean registration be used as a basis for registration for Class 10.

 

In view of the filing of the foreign registration, Applicant now requests deletion of the Section 1(b) basis of registration, such that this application will proceed solely under the Section 44(e) basis for registration, as long as the Examiner finds the Korean registration acceptable to support registration under Section 44(e).  Applicant requests that Examiner maintain the Section 1(b) basis until the Examiner accepts the Korean registration under Section 44(e).

 

In addition, Applicant requests that the Examiner amend the Trademark Office records to show Korean Application No. 402018-81450 as shown here, rather than as it is currently shown in the records, namely “40-2018-0081.”  Applicant is aware of the twelve-space limitation and believes it is more accurate to show the number as “402018-81450.”

 

Applicant respectfully submits that the application is now in condition for prompt publication, and Applicant requests such early favorable action.  Please advise if there are any further inquiries or remaining issues.

The foreign registration that is the basis of the U.S. application under Section 44(e) of the Trademark Act (15 U.S.C. Section 1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.


Response Suspension Inquiry Signature
Signature: /Mark J. Liss/     Date: 05/14/2019
Signatory's Name: Mark J. Liss
Signatory's Position: Attorney of Record, IL Bar Member
Signatory's Phone Number: 312-616-5600

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 applicant'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 applicant in this matter: (1) the applicant 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 applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant'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: 88040590
Internet Transmission Date: Tue May 14 11:23:00 EDT 2019
TEAS Stamp: USPTO/RSI-XX.XX.XXX.XXX-2019051411230037
6482-88040590-62038e89c17608155fdaf778b9
c5fd816883b612d68be2c9195d465d24d1d7fd-N
/A-N/A-20190514111221344104