| 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) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 88070491 |
| LAW OFFICE ASSIGNED | LAW OFFICE 117 |
| MARK SECTION | |
| MARK | http://uspto.report/TM/88070491/mark.png |
| LITERAL ELEMENT | ZOOM |
| 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. |
| ARGUMENT(S) | |
|
In response to Office Action dated November 27, 2018, Applicant responds as follows: Prior Conflicting Application Applicant respectfully submits the following argument in support of registration by addressing the issue of the potential conflict with cited trademark U.S. Application Serial No. 87847646, namely ZOOM TUBES 360, which application precedes Applicant’s filing date. Please be advised that on April 25, 2019, Drew Jordan Corporation, the Owner of ZOOM TUBES 360 filed a request to expressly abandon its application after publication and before registration. On April 26, 2019, an Official USPTO Notice of Abandonment was issued to Drew Jordan Corporation. Attached please find a copy of the April 26, 2019 Notice of Abandonment. Attached please also find a copy of printout from the USPTO Trademark Electronic Search System (TESS) regarding ZOOM TUBES 360 showing that the Abandonment Date for the trademark is April 25, 2019, and the status of the trademark has been marked as “DEAD”. In light of the above, there is now no conflict between the cited trademark U.S. Application Serial No. 87847646, ZOOM TUBES 360, and the within Applicant’s pending trademark application ZOOM. Therefore, the ZOOM trademark should be approved for registration. Ownership of Potentially Conflicting Application As a result of the express abandonment of the ZOOM TUBES 360 trademark, Applicant respectfully submits that the issue of ownership of potentially conflicting application is now moot. |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME(S) | |
| ORIGINAL PDF FILE | evi_712511821-20190507140015251218_.__of_Abandonment__TM_Application_Expressly_Abandoned__4-26-19.pdf |
| CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\880\704\88070491\xml5\ROA0002.JPG |
| ORIGINAL PDF FILE | evi_712511821-20190507140015251218_._TESS_Record__Zoom_Tubes_360__5-3-19.pdf |
| CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\880\704\88070491\xml5\ROA0003.JPG |
| DESCRIPTION OF EVIDENCE FILE | Attachment 1 - April 26, 2019 Notice of Abandonment issued to ZOOM TUBES 360. Attachment 2 - Printout from TESS regarding ZOOM TUBES 360. |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Kevin J. Harrington/ |
| SIGNATORY'S NAME | Kevin J. Harrington |
| SIGNATORY'S POSITION | Attorney of Record [NY] |
| SIGNATORY'S PHONE NUMBER | 914-686-4800 |
| DATE SIGNED | 05/07/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue May 07 14:09:04 EDT 2019 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XX.XX-20 190507140904727664-880704 91-620dc6b18bc2bbd94f63c7 ea039b4d1be4c9d6eb937f6b8 de91f651544fe2a45b6-N/A-N /A-20190507140015251218 |
| 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) |
In response to Office Action dated November 27, 2018, Applicant responds as follows:
Prior Conflicting Application
Applicant respectfully submits the following argument in support of registration by addressing the issue of the potential conflict with cited trademark U.S. Application Serial No. 87847646, namely ZOOM TUBES 360, which application precedes Applicant’s filing date.
Please be advised that on April 25, 2019, Drew Jordan Corporation, the Owner of ZOOM TUBES 360 filed a request to expressly abandon its application after publication and before registration. On April 26, 2019, an Official USPTO Notice of Abandonment was issued to Drew Jordan Corporation. Attached please find a copy of the April 26, 2019 Notice of Abandonment. Attached please also find a copy of printout from the USPTO Trademark Electronic Search System (TESS) regarding ZOOM TUBES 360 showing that the Abandonment Date for the trademark is April 25, 2019, and the status of the trademark has been marked as “DEAD”.
In light of the above, there is now no conflict between the cited trademark U.S. Application Serial No. 87847646, ZOOM TUBES 360, and the within Applicant’s pending trademark application ZOOM. Therefore, the ZOOM trademark should be approved for registration.
Ownership of Potentially Conflicting Application
As a result of the express abandonment of the ZOOM TUBES 360 trademark, Applicant respectfully submits that the issue of ownership of potentially conflicting application is now moot.
