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
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
88085395 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 122 |
| MARK SECTION |
| MARK |
http://uspto.report/TM/88085395/mark.png |
| LITERAL ELEMENT |
EVOLUS |
| 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. |
| PENDING SERIAL NUMBER(S) |
| Serial number(s) 87162968 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) |
| The Suspension Notice dated December 15, 2018 cites potential likelihood of confusion with a pending application for "?volis"
(App. No. 87162968) owned by Advangen LLC. Applicant Evolus, Inc. has requested a first 30-day extension of time to oppose Advangen's App. No. 87162968. Evolus, Inc.'s opposition to Advangen's App.
No. 87162968 is currently due August 24, 2019. Applicant Evolus, Inc. and Advangen LLC have entered into the attached Trademark Consent Agreement, whereby both parties agree and acknowledge that
there is no likelihood of confusion between the subject of the present application and the subject of App. No. 87162968, and whereby Advangen LLC consents to registration of the present application.
In light of the attached Trademark Consent Agreement, Applicant Evolus, Inc. respectfully requests that the Suspension Notice be lifted so that Applicant's mark may proceed to registration. |
| ARGUMENT FILE NAME(S) |
| ORIGINAL PDF FILE |
PE_205149229-132841196_._Evolus_Advangen_Letter_of_consent.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\880\853\88085395\xml6\RSI0002.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\880\853\88085395\xml6\RSI0003.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\880\853\88085395\xml6\RSI0004.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\880\853\88085395\xml6\RSI0005.JPG |
| ATTORNEY SECTION (current) |
| NAME |
Phi Lan M. Tinsley |
| ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
| YEAR OF ADMISSION |
NOT SPECIFIED |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
| FIRM NAME |
K&L GATES LLP |
| STREET |
ONE LINCOLN STREET |
| CITY |
BOSTON |
| STATE |
Massachusetts |
| COUNTRY |
US |
| PHONE |
617-261-3224 |
| EMAIL |
botrademarks@klgates.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| OTHER APPOINTED ATTORNEY |
Phi Lan M. Tinsley |
| ATTORNEY SECTION (proposed) |
| NAME |
Phi Lan M. Tinsley |
| ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
| YEAR OF ADMISSION |
XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
| FIRM NAME |
K&L GATES LLP |
| STREET |
ONE LINCOLN STREET |
| CITY |
BOSTON |
| STATE |
Massachusetts |
| POSTAL CODE |
02111 |
| COUNTRY |
United States |
| PHONE |
617-261-3224 |
| EMAIL |
botrademarks@klgates.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| OTHER APPOINTED ATTORNEY |
Eric W Lee, Kathleen M Burch, David J. Byer |
| CORRESPONDENCE SECTION (current) |
| NAME |
PHI LAN M. TINSLEY |
| FIRM NAME |
K&L GATES LLP |
| STREET |
ONE LINCOLN STREET |
| CITY |
BOSTON |
| STATE |
Massachusetts |
| COUNTRY |
US |
| PHONE |
617-261-3224 |
| EMAIL |
botrademarks@klgates.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| OTHER APPOINTED ATTORNEY |
Phi Lan M. Tinsley |
| CORRESPONDENCE SECTION (proposed) |
| NAME |
Phi Lan M. Tinsley |
| FIRM NAME |
K&L GATES LLP |
| STREET |
ONE LINCOLN STREET |
| CITY |
BOSTON |
| STATE |
Massachusetts |
| POSTAL CODE |
02111 |
| COUNTRY |
United States |
| PHONE |
617-261-3224 |
| EMAIL |
botrademarks@klgates.com; eric.lee@klgates.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Eric W Lee/ |
| SIGNATORY'S NAME |
Eric W Lee |
| SIGNATORY'S POSITION |
Associate Attorney, K&L Gates LLP, Massachusetts Bar Member |
| SIGNATORY'S PHONE NUMBER |
617-951-9240 |
| DATE SIGNED |
08/15/2019 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Thu Aug 15 14:00:41 EDT 2019 |
| TEAS STAMP |
USPTO/RSI-XXX.XXX.XX.X-20
190815140041757312-880853
95-61096b171ea18fe6fff76b
b16181de5d71ba6539ec75445
4a11cedb20151d58f2-N/A-N/
A-20190815132841196403 |
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.
88085395 EVOLUS(Standard Characters, see http://uspto.report/TM/88085395/mark.png) has been amended as follows:
PENDING SERIAL NUMBER(S)
Serial number(s) 87162968 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)
The Suspension Notice dated December 15, 2018 cites potential likelihood of confusion with a pending application for "?volis" (App. No. 87162968) owned by Advangen LLC. Applicant Evolus, Inc. has
requested a first 30-day extension of time to oppose Advangen's App. No. 87162968. Evolus, Inc.'s opposition to Advangen's App. No. 87162968 is currently due August 24, 2019. Applicant Evolus, Inc.
and Advangen LLC have entered into the attached Trademark Consent Agreement, whereby both parties agree and acknowledge that there is no likelihood of confusion between the subject of the present
application and the subject of App. No. 87162968, and whereby Advangen LLC consents to registration of the present application. In light of the attached Trademark Consent Agreement, Applicant Evolus,
Inc. respectfully requests that the Suspension Notice be lifted so that Applicant's mark may proceed to registration.
Original PDF file:
PE_205149229-132841196_._Evolus_Advangen_Letter_of_consent.pdf
Converted PDF file(s) (4 pages)
Pending File1
Pending File2
Pending File3
Pending File4
The applicant's current attorney information: Phi Lan M. Tinsley. Other appointed attorneys are Phi Lan M. Tinsley. Phi Lan M. Tinsley of K&L GATES LLP, and the attorney(s) is located at
ONE LINCOLN STREET
BOSTON, Massachusetts
US
The phone number is 617-261-3224.
The email address is botrademarks@klgates.com
The applicants proposed attorney information: Phi Lan M. Tinsley. Other appointed attorneys are Eric W Lee, Kathleen M Burch, David J. Byer. Phi Lan M. Tinsley of K&L GATES LLP, is a member
of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
ONE LINCOLN STREET
BOSTON, Massachusetts 02111
United States
The phone number is 617-261-3224.
The email address is botrademarks@klgates.com
Phi Lan M. Tinsley submitted the following statement: I attest that I am an 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).
The applicant's current correspondence information: PHI LAN M. TINSLEY. Other appointed attorneys are Phi Lan M. Tinsley. PHI LAN M. TINSLEY of K&L GATES LLP, and the attorney(s) is located
at
ONE LINCOLN STREET
BOSTON, Massachusetts
US
The phone number is 617-261-3224.
The email address is botrademarks@klgates.com
The applicants proposed correspondence information: Phi Lan M. Tinsley. Phi Lan M. Tinsley of K&L GATES LLP, is located at
ONE LINCOLN STREET
BOSTON, Massachusetts 02111
United States
The phone number is 617-261-3224.
The email address is botrademarks@klgates.com; eric.lee@klgates.com
Response Suspension Inquiry Signature
Signature: /Eric W Lee/ Date: 08/15/2019
Signatory's Name: Eric W Lee
Signatory's Position: Associate Attorney, K&L Gates LLP, Massachusetts Bar Member
Signatory's Phone Number: 617-951-9240
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: PHI LAN M. TINSLEY
K&L GATES LLP
ONE LINCOLN STREET
BOSTON, Massachusetts
Mailing Address: Phi Lan M. Tinsley
K&L GATES LLP
ONE LINCOLN STREET
BOSTON, Massachusetts 02111
Serial Number: 88085395
Internet Transmission Date: Thu Aug 15 14:00:41 EDT 2019
TEAS Stamp: USPTO/RSI-XXX.XXX.XX.X-20190815140041757
312-88085395-61096b171ea18fe6fff76bb1618
1de5d71ba6539ec754454a11cedb20151d58f2-N
/A-N/A-20190815132841196403
