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. 88159838 WARRIOR(Standard Characters, see http://uspto.report/TM/88159838/mark.png) has been amended as follows:

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

The Office has initially refused registration of applicant’s WARRIOR trademark on the basis of an alleged likelihood of confusion with the marks WARRIOR (stylized) and ROAD WARRIOR in U.S. Registration Nos. 3335545 & 4805521.  Applicant contends that there is no likelihood of confusion in this case because the registered marks are used with general purpose and automobile tires, while applicant’s mark is used with high-performance ATV and UTV tires.  Because applicant’s mark is used with these specialized goods, applicant’s good travel in channels of trade that are different from the channels of trade employed by registrants.  Additionally, applicant’s goods are offered only through applicant specialized high-performance ATV/UTV aftermarket website, and not by general tire retailers who may offer registrants’ goods.  Because of these differences, consumers are unlikely to encounter the various WARRIOR marks in any situation in which a likelihood of confusion may arise. 

 

It is therefore respectfully submitted that there is no likelihood of confusion in this case.

SIGNATURE(S)
Response Signature
Signature: /Timothy N. Thomas/     Date: 07/30/2019
Signatory's Name: Timothy N. Thomas
Signatory's Position: Attorney for Applicant, Indiana State Bar Member

Signatory's Phone Number: 317-634-3456

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 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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: 88159838
Internet Transmission Date: Tue Jul 30 11:46:14 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.X-20190730114614209
506-88159838-620821ae12dd8b5f18ca79a4996
c6d363f58f049eabc281cf05ad7f66b7562e79e-
N/A-N/A-20190730110028207772