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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88171218 |
LAW OFFICE ASSIGNED |
LAW OFFICE 109 |
MARK SECTION |
MARK |
http://uspto.report/TM/88171218/mark.png |
LITERAL ELEMENT |
R2S |
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) |
The Examining Attorney refused registration of the "R2S" mark in an office action dated February 5, 2019. The Examining Attorney rejected the mark
under Trademark Act Section 2(d). The Examining Attorney is of the opinion that a likelihood of confusion exists with "R2S" (US Reg. No. 2795308) for turbochargers for land vehicles in Class 7.
Applicant respectfully disagrees; however, in an effort to expedite prosecution in this regard, Applicant has amended its identification of goods to include "the foregoing not including turbochargers
for land vehicles." Applicant requests that this application, filing date October 26, 2018, be reconsidered for registration. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
012 |
DESCRIPTION |
Land vehicles and structural parts therefor |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
012 |
TRACKED TEXT DESCRIPTION |
Land vehicles and structural parts therefor; Land vehicles and
structural parts therefor, the foregoing not including turbochargers for land vehicles |
FINAL DESCRIPTION |
Land vehicles and structural parts therefor, the foregoing not including turbochargers for land vehicles |
FILING BASIS |
Section 1(b) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Robin W. Asher/ |
SIGNATORY'S NAME |
Robin W. Asher |
SIGNATORY'S POSITION |
Attorney of Record, Michigan Bar Member |
SIGNATORY'S PHONE NUMBER |
313-496-8445 |
DATE SIGNED |
08/02/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri Aug 02 11:24:29 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.X-20
190802112429366790-881712
18-620f5aacf35286db37073a
95afa9b1ccbdf71dc4519bd9a
db3ea8a35a1992b267a-N/A-N
/A-20190802110139092562 |
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.
88171218 R2S(Standard Characters, see http://uspto.report/TM/88171218/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
The Examining Attorney refused registration of the "R2S" mark in an office action dated February 5, 2019. The Examining Attorney rejected the mark under Trademark Act Section 2(d). The Examining
Attorney is of the opinion that a likelihood of confusion exists with "R2S" (US Reg. No. 2795308) for turbochargers for land vehicles in Class 7. Applicant respectfully disagrees; however, in an
effort to expedite prosecution in this regard, Applicant has amended its identification of goods to include "the foregoing not including turbochargers for land vehicles." Applicant requests that this
application, filing date October 26, 2018, be reconsidered for registration.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 012 for Land vehicles and structural parts therefor
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: Land vehicles and structural parts therefor;
Land vehicles and structural parts therefor, the
foregoing not including turbochargers for land vehiclesClass 012 for Land vehicles and structural parts therefor, the foregoing not including turbochargers for land vehicles
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.
SIGNATURE(S)
Response Signature
Signature: /Robin W. Asher/ Date: 08/02/2019
Signatory's Name: Robin W. Asher
Signatory's Position: Attorney of Record, Michigan Bar Member
Signatory's Phone Number: 313-496-8445
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: 88171218
Internet Transmission Date: Fri Aug 02 11:24:29 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.X-20190802112429366
790-88171218-620f5aacf35286db37073a95afa
9b1ccbdf71dc4519bd9adb3ea8a35a1992b267a-
N/A-N/A-20190802110139092562