| 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) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 88155546 |
| LAW OFFICE ASSIGNED | LAW OFFICE 105 |
| MARK SECTION | |
| MARK | http://uspto.report/TM/88155546/mark.png |
| LITERAL ELEMENT | APOGEE |
| 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. |
| ARGUMENT(S) | |
|
In response to the trademark examiner’s Office Action dated January 24, 2019, the Applicant notes the examiner’s refusal to register the Applicant’s APOGEE mark for use with leasing of real estate and real estate management services in Class 36 and real estate development in Class 37 on the Principal Register under Section 2(d), 15 U.S.C. § 1052(d), based on the examiner’s position that there is a likelihood of confusion with (1) U.S. Registration No. 4,216,478 for the mark APOGEE BEACH for use with residential condominium real estate development in Class 37, and (2) U.S. Registration No. 4,270,827 for the mark APOGEE BROKERS for use with real estate brokerage services in Class 36. The Applicant respectfully submits that according to the U.S. Patent and Trademark Office (“USPTO”) TSDR, the USPTO cancelled the registration for APOGEE BEACH on May 3, 2019, and with respect to the registration for APOGEE BROKERS, the owner failed to file a Section 8 declaration by the end of the grace period, July 8, 2019. Therefore, the registration for APOGEE BROKERS has expired and will be cancelled by the USPTO in due course. For these reasons, U.S. Registration Nos. 4,216,478 and 4,270,827 should not be used as citations under Section 2(d) on the basis that these registrations have now cancelled/expired. The Applicant respectfully requests reconsideration and withdrawal the Section 2(d) refusal issued on the Applicant’s application, and conclude examination and approve the mark for publication. |
|
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Sandy Chiu/ |
| SIGNATORY'S NAME | Sandy Chiu |
| SIGNATORY'S POSITION | Attorney of record, Florida bar member |
| SIGNATORY'S PHONE NUMBER | 3055790558 |
| DATE SIGNED | 07/24/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Jul 24 10:27:55 EDT 2019 |
| TEAS STAMP | USPTO/ROA-XXX.XXX.XXX.XXX -20190724102755796864-881 55546-620de48f12d16877797 13bf4d9bad43f8642615414cb d1add9fe5127b5b46721-N/A- N/A-20190724101418443175 |
| 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) |
In response to the trademark examiner’s Office Action dated January 24, 2019, the Applicant notes the examiner’s refusal to register the Applicant’s APOGEE mark for use with leasing of real estate and real estate management services in Class 36 and real estate development in Class 37 on the Principal Register under Section 2(d), 15 U.S.C. § 1052(d), based on the examiner’s position that there is a likelihood of confusion with (1) U.S. Registration No. 4,216,478 for the mark APOGEE BEACH for use with residential condominium real estate development in Class 37, and (2) U.S. Registration No. 4,270,827 for the mark APOGEE BROKERS for use with real estate brokerage services in Class 36.
The Applicant respectfully submits that according to the U.S. Patent and Trademark Office (“USPTO”) TSDR, the USPTO cancelled the registration for APOGEE BEACH on May 3, 2019, and with respect to the registration for APOGEE BROKERS, the owner failed to file a Section 8 declaration by the end of the grace period, July 8, 2019. Therefore, the registration for APOGEE BROKERS has expired and will be cancelled by the USPTO in due course. For these reasons, U.S. Registration Nos. 4,216,478 and 4,270,827 should not be used as citations under Section 2(d) on the basis that these registrations have now cancelled/expired. The Applicant respectfully requests reconsideration and withdrawal the Section 2(d) refusal issued on the Applicant’s application, and conclude examination and approve the mark for publication.