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 11/30/2023)

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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 11/30/2023)

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 88135167 ADRENALINE(Standard Characters, see http://uspto.report/TM/88135167/mark.png) has been amended as follows:
CANCELLATION PROCEEDING(S)
Cancellation No(s). 92073464 is/are still pending. However, the applicant hereby requests removal of this application from suspension for the examining attorney to consider a submission, such as an amendment or consent agreement.
Comment(s)/Remark(s):

The Examining Attorney has continued and made final the refusal to register Applicant's Mark ADRENALINE in view of U.S. Registration No. 5524691 for the mark ADRENALINE. On February 5, 2020, Applicant filed a Petition to Cancel U.S. Registration No. 5524691 (see Cancellation Proceeding No. 92073464). Applicant and Registrant have been actively engaged in settlement discussions, and agree that the likelihood of consumer confusion between their respective marks is exceedingly low. To that end, Applicant and Registrant have entered into the attached Consent Agreement, wherein the parties consent to the registration of each other's respective marks and outline why consumer confusion is unlikely. Applicant respectfully submits that, based on the parties' Agreement, the pending Section 2(d) refusal should be withdrawn and Applicant's Application should pass to publication. Applicant respectfully requests that the Examining Attorney withdraw said refusal accordingly.
Original PDF file:
CAR_98115163174-125357060 _._Letter_of_Consent_ADRE NALINE.pdf
Converted PDF file(s) (2 pages)
Cancellation File1
Cancellation File2


APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: AOB PRODUCTS COMPANY, a corporation of Missouri, having an address of
      1800 NORTH ROUTE Z
      COLUMBIA, Missouri 65202
      United States
Proposed: AOB PRODUCTS COMPANY, a corporation of Missouri, having an address of
      1800 NORTH ROUTE Z
      COLUMBIA, Missouri 65202
      United States
      Email Address: XXXX
Correspondence Information (current):
      TANYA MARIE CURCIO
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing@ballardspahr.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jacobsh@ballardspahr.com; curciot@ballardspahr.com; wellerc@ballardspahr.com; loadmanj@ballardspahr.com
Correspondence Information (proposed):
      TANYA MARIE CURCIO
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing@ballardspahr.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jacobsh@ballardspahr.com; watkinsjh@ballardspahr.com; hargensm@ballardspahr.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

Response Suspension Inquiry Signature
Signature: /Jessica H. Watkins/     Date: 12/28/2020
Signatory's Name: Jessica H. Watkins
Signatory's Position: Associate Attorney, Ballard Spahr LLP, PA Bar Member
Signatory's Phone Number: 215-864-8633

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:    TANYA MARIE CURCIO
   BALLARD SPAHR LLP
   
   1735 MARKET STREET, 51ST FLOOR
   PHILADELPHIA, Pennsylvania
Mailing Address:    TANYA MARIE CURCIO
   BALLARD SPAHR LLP
   1735 MARKET STREET, 51ST FLOOR
   PHILADELPHIA, Pennsylvania 19103-7599
        
Serial Number: 88135167
Internet Transmission Date: Mon Dec 28 13:01:23 ET 2020
TEAS Stamp: USPTO/RSI-XX.XXX.XXX.XXX-202012281301239
55527-88135167-7502243408075c1e96c6ffe92
19ced9b6396d8dc02d7fe06d3b4e90ac19951deb
75-N/A-N/A-20201228125357060324