Response to Office Action

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)

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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 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88107563 SHEIN(Standard Characters, see http://uspto.report/TM/88107563/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

In response to the Office Action dated July 10, 2019, Applicant states its use and registration of the mark SHEIN for the goods listed in the subject application is not likely to cause confusion with the mark SCHEIN shown in U.S. Registration No. 3557641. In addition, Registration No. 4652429 has been cancelled and the partial likelihood of confusion refusal based on this registration is moot. Rather than respond with more substantive arguments contesting the current refusal, pursuant to Section 2.117 of the Trademark Rules of Practice (Suspension of proceedings), Applicant requests suspension of the subject application pending the outcome of Opposition Nos. 91245941 and 91245759 in which Applicant and the owner of cited Registration No. 3557641 are adverse parties. The issues involved in these oppositions, namely whether the marks SHEIN and SCHEIN are confusingly similar, have a direct bearing on the outcome of the subject application. If Applicant prevails in the oppositions or enters into a settlement agreement by which the oppositions are withdrawn, the subject application may be approved. For this reason, the current suspension request is appropriate and should be granted.

The applicant's current attorney information: Michael P. Adams. Michael P. Adams of DYKEMA GOSSETT P.L.L.C., is located at

      111 CONGRESS BLVD., SUITE 1800
      ONE CONGRESS PLAZA
      AUSTIN, Texas 78701-4068
      US
The docket/reference number is 116930.3.

The phone number is 512-703-6300.

The fax number is 512-703-6399.

The email address is ipdocket@dykema.com

The applicants proposed attorney information: Michael P. Adams. Other appointed attorneys are Eric Fingerhut. Michael P. Adams of Dykema Gossett PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      Suite 1800
      111 Congress Avenue
      Austin, Texas 78701
      United States
The docket/reference number is 116930.3.

The email address is tm@dykema.com

Michael P. Adams submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: MICHAEL P. ADAMS. MICHAEL P. ADAMS of DYKEMA GOSSETT P.L.L.C., is located at

      111 CONGRESS BLVD., SUITE 1800
      ONE CONGRESS PLAZA
      AUSTIN, Texas 78701-4068
      US
The docket/reference number is 116930.3.

The phone number is 512-703-6300.

The fax number is 512-703-6399.

The email address is ipdocket@dykema.com

The applicants proposed correspondence information: Michael P. Adams. Michael P. Adams of Dykema Gossett PLLC, is located at

      Suite 1800
      111 Congress Avenue
      Austin, Texas 78701
      United States
The docket/reference number is 116930.3.

The email address is tm@dykema.com

SIGNATURE(S)
Response Signature
Signature: /michael p. adams/     Date: 01/06/2020
Signatory's Name: Michael P. Adams
Signatory's Position: Attorney of record, Texas Bar member

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:    MICHAEL P. ADAMS
   DYKEMA GOSSETT P.L.L.C.
   111 CONGRESS BLVD., SUITE 1800
   ONE CONGRESS PLAZA
   AUSTIN, Texas 78701-4068
Mailing Address:    Michael P. Adams
   Dykema Gossett PLLC
   Suite 1800
   111 Congress Avenue
   Austin, Texas 78701
        
Serial Number: 88107563
Internet Transmission Date: Mon Jan 06 17:12:34 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20200106171234205
745-88107563-7007e1c533defbd89c3b348a47a
81ba15abb9fb90ad1c84b3d826575617e396d79-
N/A-N/A-20200104100007131650