Response to Office Action

GARRETT AUTHORIZED CENTER SALES & SERVICE GARRETT ADVANCING MOTION

GARRETT TRANSPORTATION I INC.

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 88222571
LAW OFFICE ASSIGNED LAW OFFICE 127
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88222571/mark.png
LITERAL ELEMENT GARRETT AUTHORIZED CENTER SALES & SERVICE GARRETT ADVANCING MOTION
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
Color is not claimed as a feature of the mark.
ARGUMENT(S)
The Examining Attorney has refused registration of Applicant's mark on the basis of likelihood of confusion with the registration for AUTHORIZED CENTER GARRETT BY HONEYWELL SALES & SERVICE and Design, Reg. No. 4220853. The cited registration was cancelled on May 10, 2019, for failure to timely file maintenance documents. As such, Applicant requests that the Examining Attorney withdraw the refusal and approve the application for publication.
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use AUTHORIZED CENTER and SALES & SERVICE apart from the mark as shown.
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, FIFTH 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 10588/312340
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, FIFTH 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 10588/312340
CORRESPONDENCE SECTION (current)
NAME PETER S. SLOANE
FIRM NAME LEASON ELLIS LLP
STREET ONE BARKER AVENUE, FIFTH 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 10588/312340
CORRESPONDENCE SECTION (proposed)
NAME Peter S. Sloane
FIRM NAME LEASON ELLIS LLP
STREET ONE BARKER AVENUE, FIFTH 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 10588/312340
SIGNATURE SECTION
RESPONSE SIGNATURE /chelsearussell/
SIGNATORY'S NAME Chelsea A Russell
SIGNATORY'S POSITION Associate Attorney, Leason Ellis, CT Bar Member
SIGNATORY'S PHONE NUMBER 9148213092
DATE SIGNED 08/20/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Aug 20 15:59:51 EDT 2019
TEAS STAMP USPTO/ROA-XX.XX.XX.XX-201
90820155951952225-8822257
1-6106dfc4f3cb6e877fb3d90
c69432e28d321f101734bc53f
a8dcfcfffd2da1-N/A-N/A-20
190820155751218178



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. 88222571 GARRETT AUTHORIZED CENTER SALES & SERVICE GARRETT ADVANCING MOTION (Stylized and/or with Design, see http://uspto.report/TM/88222571/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 registration for AUTHORIZED CENTER GARRETT BY HONEYWELL SALES & SERVICE and Design, Reg. No. 4220853. The cited registration was cancelled on May 10, 2019, for failure to timely file maintenance documents. As such, Applicant requests that the Examining Attorney withdraw the refusal and approve the application for publication.

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

      ONE BARKER AVENUE, FIFTH FLOOR
      WHITE PLAINS, New York 10601
      US
The docket/reference number is 10588/312340.

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, FIFTH FLOOR
      WHITE PLAINS, New York 10601
      United States
The docket/reference number is 10588/312340.

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, FIFTH FLOOR
      WHITE PLAINS, New York 10601
      US
The docket/reference number is 10588/312340.

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, FIFTH FLOOR
      WHITE PLAINS, New York 10601
      United States
The docket/reference number is 10588/312340.

The phone number is 914-821-9073.

The fax number is 9142880023.

The email address is tmdocket@leasonellis.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use AUTHORIZED CENTER and SALES & SERVICE apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /chelsearussell/     Date: 08/20/2019
Signatory's Name: Chelsea A Russell
Signatory's Position: Associate Attorney, Leason Ellis, 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, FIFTH FLOOR
   WHITE PLAINS, New York 10601
Mailing Address:    Peter S. Sloane
   LEASON ELLIS LLP
   ONE BARKER AVENUE, FIFTH FLOOR
   WHITE PLAINS, New York 10601
        
Serial Number: 88222571
Internet Transmission Date: Tue Aug 20 15:59:51 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-201908201559519522
25-88222571-6106dfc4f3cb6e877fb3d90c6943
2e28d321f101734bc53fa8dcfcfffd2da1-N/A-N
/A-20190820155751218178



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