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. 88061742 VALIANT(Standard Characters, see http://uspto.report/TM/88061742/mark.png) has been amended as follows:

OTHER REASON
The referenced Applicant had been suspended at the request of Applicant. As background, the Examining Attorney asserts there is a likelihood of confusion between Applicant?s VALIANT mark and the mark VALIANT EAGLE under U.S. Registration No. 5,610,202. Applicant?s mark has priority over the cited mark because Applicant has used its mark in commerce since November 2015, as compared to the cited mark being used in commerce only as early as March 9, 2018. Applicant initiated a cancellation action before the Trademark Trial and Appeal Board (TTAB), under proceeding no. 92073054, as Applicant?s use predates the use of the cited mark. Applicant, and Eposeidon Outdoor Adventure Inc., owner of the cited mark, (?Registrant?) have resolved the cancellation action and have entered into a consent and coexistence agreement with specific delineated terms, conditions, and specialized use limitations to prevent any possibility of confusion. Great weight is given to consent agreements pursuant to the Trademark Manual of Examining Procedure (TMEP) 1207.01(d)(viii) where both parties have agreed, and have contractual limitations to govern, their coexisting registrations and where the parties believe that their respective marks, as applied to their respective goods, are not likely to be confused as to source, sponsorship, affiliation, or association. In view of executed consent agreement provided herewith and the remarks herein, Applicant requests that this objection be withdrawn and the Application be approved for publication. Any questions regarding the foregoing should be directed to the undersigned attorney of record.
Original PDF file:
OT_20923415862-191427492_ ._consent_agreement_valia nt_eagle.pdf
Converted PDF file(s) (3 pages)
1
2
3

Correspondence Information (current):
      Joseph M. Teleoglou
      PRIMARY EMAIL FOR CORRESPONDENCE: ipocdocket@swlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dgubernick@swlaw.com; jteleoglou@swlaw.com
Correspondence Information (proposed):
      Joseph M. Teleoglou
      PRIMARY EMAIL FOR CORRESPONDENCE: ipocdocket@swlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dgubernick@swlaw.com; jteleoglou@swlaw.com

The docket/reference number is 76352.00400.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

Response Suspension Inquiry Signature
Signature: /dag/     Date: 09/17/2020
Signatory's Name: Deborah A. Gubernick
Signatory's Position: Attorney of Record, California Bar Member
Signatory's Phone Number: 714-427-7000

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Joseph M. Teleoglou
   SNELL & WILMER LLP
   
   600 ANTON BOULEVARD, SUITE 1400
   COSTA MESA, Colorado
Mailing Address:    Joseph M. Teleoglou
   SNELL & WILMER LLP
   600 ANTON BOULEVARD, SUITE 1400
   COSTA MESA, Colorado 92626
        
Serial Number: 88061742
Internet Transmission Date: Thu Sep 17 19:22:21 ET 2020
TEAS Stamp: USPTO/RSI-XXX.XXX.XXX.XX-202009171922215
58659-88061742-750b66129f839c1af8f69b8b8
c4b8af89a852224abe68b8cf9185cf2cae65a640
-N/A-N/A-20200917191427492679