TEAS Response to Suspension Inquiry

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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

---

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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 88220894 THE LIST(Standard Characters, see http://uspto.report/TM/88220894/mark.png) has been amended as follows:
PENDING SERIAL NUMBER(S)
Serial number(s) 88159727 should not be used as a citation(s) under Section 2(d), in the event that said serial number(s) mature(s) into a registration(s). The applicant hereby requests removal of this application from suspension, based on the following arguments. If the examining attorney is not persuaded by these arguments, the applicant hereby requests that this application be returned to suspended status, awaiting ultimate disposition of the referenced serial number(s).

ARGUMENT(S)
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE Serial No: 88220894 Mark: THE LIST Applicant: The List USA, Inc. Filed: April 17, 2019 The Suspension Notice dated, March 20, 2019, suspends action on the application submitted by Applicant, The List USA, Inc., for the mark THE LIST, Serial number 88220894. The examining attorney cites to an earlier- filed application of the mark THELIST for Class 43 hotel services, serial number 88159727, explaining that if the mark registers, Applicant?s mark may be refused registration for likelihood of confusion. Applicant as part of this response has deleted the inapplicable service in Class 43 for ?reservation of restaurants; Making reservations and bookings for restaurants and meals; Night club reservation services, namely, arranging for cocktails and table service reservations at night clubs and night club events; Restaurant reservation services.? Undersigned respectfully requests that examining attorney lift the suspension and examine Applicant?s mark as to the remaining services, in Class 9 and Class 35. Respectfully submitted, /s/Yvette H. Ayala/ Yvette H. Ayala, Esq. David M Rogero, Esq. Rogero Law 2625 Ponce de Leon Boulevard, Suite 280 Coral Gables, FL 33134 305-441-0200 dmrogero@dmrpa.com, yhayala@dmrpa.com Attorneys for Applicant The List USA, Inc.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 043 for Reservation of restaurants; Making reservations and bookings for restaurants and meals; Night club reservation services, namely, arranging for cocktails and table service reservations at night clubs and night club events; Restaurant reservation services


Response Suspension Inquiry Signature
Signature: /s/Yvette H. Ayala/     Date: 04/17/2019
Signatory's Name: Yvette H. Ayala
Signatory's Position: Attorney of Record, Florida Bar member
Signatory's Phone Number: 305-441-0200

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 applicant'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 applicant in this matter: (1) the applicant 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 applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant'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: 88220894
Internet Transmission Date: Wed Apr 17 16:11:48 EDT 2019
TEAS Stamp: USPTO/RSI-XX.XXX.X.XX-201904171611481109
95-88220894-620eebec92daf7b7fbc1c336fdba
0ef7ac952e972cef98b1d1f13b872ffddb4629b-
N/A-N/A-20190417160806948959