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. 88147770 ATLAS(Standard Characters, see http://uspto.report/TM/88147770/mark.png) has been amended as follows:

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

The Examining Attorney has rejected the present application based on a likelihood of confusion with the three Cited Marks.  Applicant respectfully submits that in light of the present amendment of the listing of goods, there can be no likelihood of confusion, as, among other reasons, there is no overlap in the similar and nature of the goods, or in channels of trade between the amended goods and those of the Cited Marks.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Batteries and battery chargers
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Batteries and battery chargers; Batteries for outdoor power equipment, namely, powered lawn and garden string trimmers, hedge trimmers, leaf blowers, chainsaws, pole saws, pole hedge trimmers, and mowers; and battery chargers thereforClass 009 for Batteries for outdoor power equipment, namely, powered lawn and garden string trimmers, hedge trimmers, leaf blowers, chainsaws, pole saws, pole hedge trimmers, and mowers; and battery chargers therefor
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

The applicant's current attorney information: Mark J. Rosenberg. Mark J. Rosenberg of TARTER KRINSKY & DROGIN LLP, is located at

      1350 BROADWAY
      NEW YORK, New York 10018
      US
The docket/reference number is 4621-ATLAS-9.

The phone number is 212-216-8000.

The fax number is 2122168001.

The email address is tmdocket@tarterkrinsky.com

The applicants proposed attorney information: Mark J. Rosenberg. Mark J. Rosenberg of TARTER KRINSKY & DROGIN LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1350 BROADWAY
      NEW YORK, New York 10018
      United States
The docket/reference number is 4621-381.

The phone number is 212-216-8000.

The fax number is 2122168001.

The email address is tmdocket@tarterkrinsky.com

Mark J. Rosenberg 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: MARK J. ROSENBERG. MARK J. ROSENBERG of TARTER KRINSKY & DROGIN LLP, is located at

      1350 BROADWAY
      NEW YORK, New York 10018
      US
The docket/reference number is 4621-ATLAS-9.

The phone number is 212-216-8000.

The fax number is 2122168001.

The email address is tmdocket@tarterkrinsky.com; mrosenberg@tarterkrinsky.com; rlin@tarterkrinsky.com; docket@tarterkrinsky.com

The applicants proposed correspondence information: Mark J. Rosenberg. Mark J. Rosenberg of TARTER KRINSKY & DROGIN LLP, is located at

      1350 BROADWAY
      NEW YORK, New York 10018
      United States
The docket/reference number is 4621-381.

The phone number is 212-216-8000.

The fax number is 2122168001.

The email address is tmdocket@tarterkrinsky.com; mrosenberg@tarterkrinsky.com; rlin@tarterkrinsky.com

SIGNATURE(S)
Response Signature
Signature: /Rachel J. Lin/     Date: 11/18/2019
Signatory's Name: Rachel J. Lin
Signatory's Position: Attorney of Record, New York State Bar Member

Signatory's Phone Number: 2122168000

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:    MARK J. ROSENBERG
   TARTER KRINSKY & DROGIN LLP
   
   1350 BROADWAY
   NEW YORK, New York 10018
Mailing Address:    Mark J. Rosenberg
   TARTER KRINSKY & DROGIN LLP
   1350 BROADWAY
   NEW YORK, New York 10018
        
Serial Number: 88147770
Internet Transmission Date: Mon Nov 18 12:32:40 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20191118123240
495857-88147770-7009d29718f6bdbd71e35b23
44efa774bb85a9894c9b59b35b60a7c25f9e3946
4d-N/A-N/A-20191118105436530685