Response to Office Action

CANYON RIVER

Mystic Apparel LLC

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88210242
LAW OFFICE ASSIGNED LAW OFFICE 107
MARK SECTION
MARK http://uspto.report/TM/88210242/mark.png
LITERAL ELEMENT CANYON RIVER
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 has refused registration of Applicant's mark on the basis of likelihood of confusion with the mark CANYON RIVER BLUES, Reg. Nos. 1687912, 1836244, and 2006147. In order to overcome the refusal, Applicant has deleted Class 18 from its application. In light of the deletion, Applicant requests that the Examining Attorney withdraw the refusal to register and allow the mark to proceed to publication.
GOODS AND/OR SERVICES SECTION (005)(no change)
GOODS AND/OR SERVICES SECTION (008)(no change)
GOODS AND/OR SERVICES SECTION (011)(no change)
GOODS AND/OR SERVICES SECTION (018)(class deleted)
GOODS AND/OR SERVICES SECTION (020)(no change)
GOODS AND/OR SERVICES SECTION (021)(no change)
GOODS AND/OR SERVICES SECTION (022)(no change)
GOODS AND/OR SERVICES SECTION (024)(no change)
ATTORNEY SECTION (current)
NAME Peter S Sloane
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME LEASON ELLIS LLP
STREET ONE BARKER AVENUE, 5TH FLOOR
CITY WHITE PLAINS
STATE New York
POSTAL CODE 10601
COUNTRY US
PHONE 914-821-9073
FAX 9142880023
EMAIL tmdocket@leasonellis.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 10612/312345
ATTORNEY SECTION (proposed)
NAME Peter S Sloane
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME LEASON ELLIS LLP
STREET ONE BARKER AVENUE, 5TH FLOOR
CITY WHITE PLAINS
STATE New York
POSTAL CODE 10601
COUNTRY United States
PHONE 914-821-9073
FAX 9142880023
EMAIL tmdocket@leasonellis.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 10612/312345
CORRESPONDENCE SECTION (current)
NAME PETER S SLOANE
FIRM NAME LEASON ELLIS LLP
STREET ONE BARKER AVENUE, 5TH FLOOR
CITY WHITE PLAINS
STATE New York
POSTAL CODE 10601
COUNTRY US
PHONE 914-821-9073
FAX 9142880023
EMAIL tmdocket@leasonellis.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 10612/312345
CORRESPONDENCE SECTION (proposed)
NAME Peter S Sloane
FIRM NAME LEASON ELLIS LLP
STREET ONE BARKER AVENUE, 5TH FLOOR
CITY WHITE PLAINS
STATE New York
POSTAL CODE 10601
COUNTRY United States
PHONE 914-821-9073
FAX 9142880023
EMAIL tmdocket@leasonellis.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 10612/312345
SIGNATURE SECTION
RESPONSE SIGNATURE /chelsearussell/
SIGNATORY'S NAME Chelsea A Russell
SIGNATORY'S POSITION Associate Attorney, Leason Ellis LLP, CT Bar Member
SIGNATORY'S PHONE NUMBER 9148213092
DATE SIGNED 09/03/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Sep 03 17:55:49 EDT 2019
TEAS STAMP USPTO/ROA-XX.XX.XX.XX-201
90903175549313593-8821024
2-6105fca5ba2df3e8196a889
ad6471eb7c3278a2bf341ebf9
fc607524f16950b1-N/A-N/A-
20190903174632312228



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. 88210242 CANYON RIVER(Standard Characters, see http://uspto.report/TM/88210242/mark.png) has been amended as follows:

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

The Examining Attorney has refused registration of Applicant's mark on the basis of likelihood of confusion with the mark CANYON RIVER BLUES, Reg. Nos. 1687912, 1836244, and 2006147. In order to overcome the refusal, Applicant has deleted Class 18 from its application. In light of the deletion, Applicant requests that the Examining Attorney withdraw the refusal to register and allow the mark to proceed to publication.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 018 for Backpacks; duffel bags; hiking bags; all purpose sports bags; overnight bags; hiking poles

The applicant's current attorney information: Peter S Sloane. Peter S Sloane of LEASON ELLIS LLP, is located at

      ONE BARKER AVENUE, 5TH FLOOR
      WHITE PLAINS, New York 10601
      US
The docket/reference number is 10612/312345.

The phone number is 914-821-9073.

The fax number is 9142880023.

The email address is tmdocket@leasonellis.com

The applicants proposed attorney information: Peter S Sloane. Peter S Sloane of LEASON ELLIS LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      ONE BARKER AVENUE, 5TH FLOOR
      WHITE PLAINS, New York 10601
      United States
The docket/reference number is 10612/312345.

The phone number is 914-821-9073.

The fax number is 9142880023.

The email address is tmdocket@leasonellis.com

Peter S Sloane submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: PETER S SLOANE. PETER S SLOANE of LEASON ELLIS LLP, is located at

      ONE BARKER AVENUE, 5TH FLOOR
      WHITE PLAINS, New York 10601
      US
The docket/reference number is 10612/312345.

The phone number is 914-821-9073.

The fax number is 9142880023.

The email address is tmdocket@leasonellis.com

The applicants proposed correspondence information: Peter S Sloane. Peter S Sloane of LEASON ELLIS LLP, is located at

      ONE BARKER AVENUE, 5TH FLOOR
      WHITE PLAINS, New York 10601
      United States
The docket/reference number is 10612/312345.

The phone number is 914-821-9073.

The fax number is 9142880023.

The email address is tmdocket@leasonellis.com

SIGNATURE(S)
Response Signature
Signature: /chelsearussell/     Date: 09/03/2019
Signatory's Name: Chelsea A Russell
Signatory's Position: Associate Attorney, Leason Ellis LLP, CT Bar Member

Signatory's Phone Number: 9148213092

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:    PETER S SLOANE
   LEASON ELLIS LLP
   
   ONE BARKER AVENUE, 5TH FLOOR
   WHITE PLAINS, New York 10601
Mailing Address:    Peter S Sloane
   LEASON ELLIS LLP
   ONE BARKER AVENUE, 5TH FLOOR
   WHITE PLAINS, New York 10601
        
Serial Number: 88210242
Internet Transmission Date: Tue Sep 03 17:55:49 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-201909031755493135
93-88210242-6105fca5ba2df3e8196a889ad647
1eb7c3278a2bf341ebf9fc607524f16950b1-N/A
-N/A-20190903174632312228



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