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 NUMBER88151579
LAW OFFICE ASSIGNEDLAW OFFICE 124
MARK SECTION
MARK https://tmng-al.uspto.gov/resting2/api/img/88151579/large
LITERAL ELEMENT ESTARS
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) 87864494, 87864564, 87864409 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)
Please be advised that Estars Gaming Limited, the owner of Serial Numbers 87864494, 87864564, and 87864409, is under common control with Estars LLC in that both entities have substantially the same voting interests.  Estars Gaming Limited has further assigned the mark ESTARS (serial # 87864588) as well as the goodwill and common law rights associated therewith to Estars LLC and does not object to registration of similar marks by Estars LLC. 
SIGNATURE SECTION
DECLARATION SIGNATURE /AHERRANEN/
SIGNATORY'S NAME ALENA HERRANEN
SIGNATORY'S POSITION ATTORNEY OF RECORD, CALIFORNIA BAR MEMBER
SIGNATORY'S PHONE NUMBER 858-232-2571
DATE SIGNED 12/26/2018
RESPONSE SIGNATURE /AHERRANEN/
SIGNATORY'S NAME ALENA HERRANEN
SIGNATORY'S POSITION ATTORNEY OF RECORD, CALIFORNIA BAR MEMBER
SIGNATORY'S PHONE NUMBER 858-232-2571
DATE SIGNED 12/26/2018
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Dec 26 17:18:27 EST 2018
TEAS STAMP USPTO/RSI-XX.XXX.X.XXX-20
181226171827937485-881515
79-6208208bb19d3b63914311
61f1f65e08d36402e803d2f4e
7b104599b4ea87c78a-N/A-N/
A-20181226171143294850



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. 88151579 ESTARS(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/88151579/large) has been amended as follows:
PENDING SERIAL NUMBER(S)
Serial number(s) 87864494, 87864564, 87864409 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)
Please be advised that Estars Gaming Limited, the owner of Serial Numbers 87864494, 87864564, and 87864409, is under common control with Estars LLC in that both entities have substantially the same voting interests.  Estars Gaming Limited has further assigned the mark ESTARS (serial # 87864588) as well as the goodwill and common law rights associated therewith to Estars LLC and does not object to registration of similar marks by Estars LLC. 


Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AAU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the application or AAU filing date; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services/collective membership organization in the application or AAU; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over use of the mark in commerce as of the application or AAU filing date; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: for a trademark or service mark application, the applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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 of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /AHERRANEN/    Date: 12/26/2018
Signatory's Name: ALENA HERRANEN
Signatory's Position: ATTORNEY OF RECORD, CALIFORNIA BAR MEMBER
Signatory's Phone Number: 858-232-2571

Response Suspension Inquiry Signature
Signature: /AHERRANEN/     Date: 12/26/2018
Signatory's Name: ALENA HERRANEN
Signatory's Position: ATTORNEY OF RECORD, CALIFORNIA BAR MEMBER
Signatory's Phone Number: 858-232-2571

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88151579
Internet Transmission Date: Wed Dec 26 17:18:27 EST 2018
TEAS Stamp: USPTO/RSI-XX.XXX.X.XXX-20181226171827937
485-88151579-6208208bb19d3b6391431161f1f
65e08d36402e803d2f4e7b104599b4ea87c78a-N
/A-N/A-20181226171143294850