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. 88099968 INSPIRE(Standard Characters, see http://uspto.report/TM/88099968/mark.png) has been amended as follows:
PENDING SERIAL NUMBER(S)
Serial number(s) 88099968 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)
We ask that you proceed with the U.S. APPLICATION SERIAL NO. 88099968, Mark: INSPIRE, based on trademark statues and rules of "first to use" in commerce, under common law protection. Per Use in commerce See ?45 (15 U.S.C. ?1127), See TMEP ?901.01, See TMEP ?901.03. Where services have been rendered, advertised, transported in intrastate and interstate commerce under the service mark INSPIRE, along with Inspire Freight, Inspire Strategies in US as of July 1, 2010, and presently still is. The trademark/service mark "Inspire" was first use in commerce by us. We were the first to use it in commerce, under transportation service mark 039. Inspire is already a mark that is recognized and distinguished service in commerce, under transportation service mark 039, across US, Canada and Mexico. The Application Serial No(s). 88030134 and 88030153 contains no first date of used, registered as 1(b), evidence that indicate the mark "Inspir Air" and "Inspir Air RX" is not currently in use in commerce, it indicates that it has a intent to be use in commerce. The Application Serial No(s). 88030134 and 88030153 should be declined because of a likelihood of confusion with that already "in use" mark "INSPIRE." According to US Trademark Law, "First to User" supersedes "First to File" under common law.


Response Suspension Inquiry Signature
Signature: /Anesa Thiele/     Date: 12/20/2018
Signatory's Name: Anesa Thiele
Signatory's Position: Owner
Signatory's Phone Number: 602-324-7141

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 88099968
Internet Transmission Date: Thu Dec 20 16:00:05 EST 2018
TEAS Stamp: USPTO/RSI-XX.XXX.XXX.XXX-201812201600059
39792-88099968-6208231479e839bcd408f866e
f856fc3718defd7b9fea3a85db6a9c07a2c75299
8-N/A-N/A-20181220125459597946