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. 88044717 CARE SCIENCE(Standard Characters, see http://uspto.report/TM/88044717/mark.png) has been amended as follows:
PENDING SERIAL NUMBER(S)
Serial number(s) 88004046 should not be used as a citation(s) under Section 2(d), in the event that said serial number(s) mature(s) into a registration(s). The applicant hereby requests removal of this application from suspension, based on the following arguments. If the examining attorney is not persuaded by these arguments, the applicant hereby requests that this application be returned to suspended status, awaiting ultimate disposition of the referenced serial number(s).

ARGUMENT(S)

This is written response to the Notice of Suspension issued on January 29, 2019 in connection with him the subject application.  In its response to an earlier Office Action, Applicant had requested that the subject application be placed in suspension pending the resolution of prior –filed U.S. Trademark Application Serial No. 88/001046 for the mark SCIENCECARE.  Specifically, Examining Attorney had indicated that the SCIENCECARE application, which was directed to dietary and nutritional supplements in International Class 5 and was owned by TruReflections Inc of Austin, Texas, might be cited as a reference against the subject application where it to mature into a registration.

 

Please be advised that on March 14, 2019, Applicant ASO LLC and TruReflections Inc., the owner of the referenced application for the mark SCIENCECARE, entered into a Coexistence/Consent to Register agreement whereby the parties agreed that there is no likelihood of confusion between their respective marks SCIENCECARE and CARE SCIENCE and the parties’ respective goods and channels of trade.  A copy of this agreement is enclosed herewith.  As the parties themselves have reviewed and considered all of the relevant factors regarding a potential likelihood of confusion, namely, the overall commercial impression of their respective marks, the distinctions between the goods themselves and their respective channels of trade, and have further agreed to address any potential confusion or other issues that might arise in the future, Applicant respectfully submits that that the referenced application should no longer be considered as an impediment to the approval of the subject application for the mark CARE SCIENCE within International Class 5.

 

Accordingly, Applicant respectfully requests that the subject application be removed from suspension and approved for publication. Such favorable action is earnestly solicited.

ADDITIONAL STATEMENTS
Miscellaneous Statement
Executed Coexistence/Consent to Register agreement is attached.
Original PDF file:
mis-7143161122-20190321145206312206_._Exhibit_B.PDF
Converted PDF file(s) (5 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Miscellaneous File5

Response Suspension Inquiry Signature
Signature: /David L. Sigalow/     Date: 03/21/2019
Signatory's Name: David L. Sigalow
Signatory's Position: Attorney for Applicant, Florida Bar Member
Signatory's Phone Number: 407-841-2330

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: 88044717
Internet Transmission Date: Thu Mar 21 14:58:44 EDT 2019
TEAS Stamp: USPTO/RSI-XX.XX.XXX.XXX-2019032114584473
8978-88044717-6204541fc8623eb4987d4f4f8e
e839c4a876275d8959d0e498af76db21ba8e136-
N/A-N/A-20190321145206312206