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. 88205108 DEFY LIMITATIONS(Standard Characters, see http://uspto.report/TM/88205108/mark.png) has been amended as follows:

The applicant's current attorney information: Martha B. Allard, Juhi K. Patel, Johnathan D. Holbrook, Paige W. Mills and Robert L. Brewer. Martha B. Allard, Juhi K. Patel, Johnathan D. Holbrook, Paige W. Mills and Robert L. Brewer of BASS, BERRY & SIMS PLC, is located at

      SUITE 2800
      150 3RD AVENUE SOUTH
      NASHVILLE, Tennessee 37201
      US
The docket/reference number is 121819-800.

The phone number is 615-742-7944.

The fax number is 615-248-2954.

The email address is trademarks@bassberry.com

The applicants proposed attorney information: Martha B. Allard, Juhi K. Patel, Johnathan D. Holbrook, Paige W. Mills and Robert L. Brewer. Martha B. Allard, Juhi K. Patel, Johnathan D. Holbrook, Paige W. Mills and Robert L. Brewer of BASS, BERRY & SIMS PLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 2800
      150 3RD AVENUE SOUTH
      NASHVILLE, Tennessee 37201
      United States
The docket/reference number is 121819-800.

The phone number is 615-742-7944.

The fax number is 615-248-2954.

The email address is trademarks@bassberry.com

Martha B. Allard, Juhi K. Patel, Johnathan D. Holbrook, Paige W. Mills and Robert L. Brewer submitted the following statement: I attest that I am an 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).
The applicant's current correspondence information: MARTHA B. ALLARD, JUHI K. PATEL, JOHNATHAN D. HOLB. MARTHA B. ALLARD, JUHI K. PATEL, JOHNATHAN D. HOLB of BASS, BERRY & SIMS PLC, is located at

      SUITE 2800
      150 3RD AVENUE SOUTH
      NASHVILLE, Tennessee 37201
      US
The docket/reference number is 121819-800.

The phone number is 615-742-7944.

The fax number is 615-248-2954.

The email address is trademarks@bassberry.com

The applicants proposed correspondence information: Martha B. Allard, Juhi K. Patel, Johnathan D. Holbrook, Paige W. Mills and Robert L. Brewer. Martha B. Allard, Juhi K. Patel, Johnathan D. Holbrook, Paige W. Mills and Robert L. Brewer of BASS, BERRY & SIMS PLC, is located at

      SUITE 2800
      150 3RD AVENUE SOUTH
      NASHVILLE, Tennessee 37201
      United States
The docket/reference number is 121819-800.

The phone number is 615-742-7944.

The fax number is 615-248-2954.

The email address is trademarks@bassberry.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
REMARKS The outstanding Office action refuses registration of the applied-for mark because the mark is assertedly confusingly similar to the mark DEFY for use with "non-alcoholic beverages, namely, recovery sports drinks, energy drinks, sports drinks and fruit juice drinks, all the foregoing enhanced with vitamins, minerals, and nutrients" and DEFY for use with "vitamin, mineral and nutrient enhanced liquid vitamin drinks for purposes of enhancing mental alertness in adults desiring to maintain health, mental alertness and enhance personal well-being, excluding nutritional food bars for use as meal replacements and supplements in tablet or capsule", both assigned to IP Mark Holding Co. (Reg. Nos. 4647505 and 5052192). Applicant has filed a Petition to Cancel both registrations based on nonuse/abandonment (Cancelation No. 92071311). The cancellation proceeding is pending. Accordingly, Applicant requests that examination of the present application be suspended pending disposition of the cancellation proceeding. CONCLUSION Based on the foregoing discussion, Applicant respectfully requests that examination of the present application be suspended.


SIGNATURE(S)
Response Signature
Signature: /Martha B. Allard/     Date: 08/16/2019
Signatory's Name: Martha B. Allard
Signatory's Position: Attorney of Record, TN Bar Member

Signatory's Phone Number: 615-742-7944

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:    MARTHA B. ALLARD, JUHI K. PATEL, JOHNATHAN D. HOLB
   BASS, BERRY & SIMS PLC
   SUITE 2800
   150 3RD AVENUE SOUTH
   NASHVILLE, Tennessee 37201
Mailing Address:    Martha B. Allard, Juhi K. Patel, Johnathan D. Holbrook, Paige W. Mills and Robert L. Brewer
   BASS, BERRY & SIMS PLC
   SUITE 2800
   150 3RD AVENUE SOUTH
   NASHVILLE, Tennessee 37201
        
Serial Number: 88205108
Internet Transmission Date: Fri Aug 16 16:57:25 EDT 2019
TEAS Stamp: USPTO/ROA-X.XX.XX.XX-2019081616572517258
9-88205108-610305b2710f4a4745c0f62623df8
ce3c7a2f19fcfedc463518f6fc790bff1b4e9-N/
A-N/A-20190816154509876687