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)

---

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. 88043533 CLEAN SWEEP(Standard Characters, see http://uspto.report/TM/88043533/mark.png) has been amended as follows:

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

RESPONSE

 

The Examining Attorney has refused registration of the applied for mark under USC Section 1052(d) based on the contention that the Applicant’s mark when used with the identified goods is likely to be confused with the registered mark in U.S. Registration No. 3,395,749.  Applicant respectfully disagrees but reserves its right to submit substantive arguments if and when the cited registration is renewed. 

 

At this juncture, Applicant requests the Examining Attorney suspend the examination of the subject application pending the cancellation of the cited registration for failure to file a renewal application prior to the late filing grace period deadline of September 11, 2018.  In investigating the cited Registrant, the Applicant has found no use of the mark or any information about the mark as used by the Registrant.

 

If the Examining Attorney has any questions or requires additional information, please contact the undersigned.  Applicant’s counsel thanks the Examining Attorney for his assistance and looks forward to receiving a suspension action in due course.

SIGNATURE(S)
Response Signature
Signature: /dax alvarez/     Date: 08/15/2018
Signatory's Name: Dax Alvarez
Signatory's Position: Attorney of Record, CA Bar Member

Signatory's Phone Number: 213-929-2500

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: 88043533
Internet Transmission Date: Wed Aug 15 13:40:45 EDT 2018
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20180815134045
038778-88043533-6105b9f557757dd19c28d88c
e43a5863bde1783d5d74dc895b9961019a2985f5
39-N/A-N/A-20180815133724592362