| 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 | 88072948 |
| LAW OFFICE ASSIGNED | LAW OFFICE 110 |
| MARK SECTION | |
| MARK FILE NAME | http://uspto.report/TM/88072948/mark.png |
| LITERAL ELEMENT | ELECT |
| STANDARD CHARACTERS | NO |
| USPTO-GENERATED IMAGE | NO |
| ARGUMENT(S) | |
|
The examining attorney has initially refused registration based on a perceived likelihood of confusion with Registration No. 4329122. (Applicant notes that the registration number recited in the office action (4796401) is incorrect, but the registration copy attached to the office action is correct) Applicant respectfully disagrees with the examining attorney’s likelihood of confusion analysis as it relates to the proximity of the services recited in the cited registration and the application. However, rather than submit arguments that may be rendered unnecessary by the cancellation of the cited registration, Applicant requests suspension of the application pending a final determination on the maintenance of the cited registration.
Registration No. 4329122 issued April 30, 2013. The six year term for filing the Section 8 maintenance declaration closes April 30, 2019. TMEP §716.02(e) states that if an office action is final and the cited registration that is the basis for the refusal is in the late filing grace term the examining attorney must suspend action pending final determination on the maintenance of the cited registration.
As of April 10, 2019 the registrant has not filed a Section 8 maintenance declaration for Registration No. 4329122. See attached TARR printout dated April 10, 2019. If the registrant files a maintenance declaration before the deadline, the examining attorney may issue a final action and Applicant will file a Request for Reconsideration with arguments for registration. If, as Applicant expects, the registrant does not file a maintenance declaration, then the application must be suspended until there is a final determination on the status of the registration. |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME(S) | |
| ORIGINAL PDF FILE | evi_381406098-20190410204924101627_._Reg_4329122_TARR_-_041019.pdf |
| CONVERTED PDF FILE(S) (3 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\880\729\88072948\xml5\ROA0002.JPG |
| \\TICRS\EXPORT17\IMAGEOUT17\880\729\88072948\xml5\ROA0003.JPG | |
| \\TICRS\EXPORT17\IMAGEOUT17\880\729\88072948\xml5\ROA0004.JPG | |
| DESCRIPTION OF EVIDENCE FILE | TARR printout dated 4/10/2019 for Reg. No. 4329122 |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Gregory N. Owen/ |
| SIGNATORY'S NAME | Gregory N. Owen |
| SIGNATORY'S POSITION | Attorney of record, California bar member |
| SIGNATORY'S PHONE NUMBER | 415-882-3200 |
| DATE SIGNED | 04/10/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Apr 10 20:56:11 EDT 2019 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XX.XX-20 190410205611284178-880729 48-620f01e8e01df94b97309e c3ff515590a39b7584f29694c 376ac7351aac188b-N/A-N/A- 20190410204924101627 |
| 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) |
The examining attorney has initially refused registration based on a perceived likelihood of confusion with Registration No. 4329122. (Applicant notes that the registration number recited in the office action (4796401) is incorrect, but the registration copy attached to the office action is correct) Applicant respectfully disagrees with the examining attorney’s likelihood of confusion analysis as it relates to the proximity of the services recited in the cited registration and the application. However, rather than submit arguments that may be rendered unnecessary by the cancellation of the cited registration, Applicant requests suspension of the application pending a final determination on the maintenance of the cited registration.
Registration No. 4329122 issued April 30, 2013. The six year term for filing the Section 8 maintenance declaration closes April 30, 2019. TMEP §716.02(e) states that if an office action is final and the cited registration that is the basis for the refusal is in the late filing grace term the examining attorney must suspend action pending final determination on the maintenance of the cited registration.
As of April 10, 2019 the registrant has not filed a Section 8 maintenance declaration for Registration No. 4329122. See attached TARR printout dated April 10, 2019. If the registrant files a maintenance declaration before the deadline, the examining attorney may issue a final action and Applicant will file a Request for Reconsideration with arguments for registration. If, as Applicant expects, the registrant does not file a maintenance declaration, then the application must be suspended until there is a final determination on the status of the registration.
