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)

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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 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. 88223500 OBJET(Standard Characters, see http://uspto.report/TM/88223500/mark.png) has been amended as follows:
PENDING SERIAL NUMBER(S)
Serial number(s) 87093013 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)

Applicant submits the following remarks in response to the Suspension Notice dated July 26, 2019.

AMENDMENTS

Applicant amends the class 9 goods in the application to read as follows:

Class 9: Televisions; Audio equipment, namely, digital audio players, audio speakers, and radios

 

REMARKS

The Examining Attorney has suspended Applicant’s OBJET application based on an anticipatory citation of Serial No. 87093013 for the mark OBJECT owned by Ammunition, Inc., and maintained the refusal to register based on Reg. No. 2593594 for the mark OBJET owned by Stratasys Ltd. (“Stratasys”).

As for the OBJECT application filed by Ammunition, Applicant has deleted “smartphones” and “cellular phones” from its identification of goods, making continued citation of that prior-pending application no longer appropriate. As for the OBJET registration owned Stratasys, Applicant has deleted “auxiliary inputs” from its identification of goods, making continued citation of that registration no longer appropriate.

Applicant respectfully requests that the refusals be withdrawn and that the application be removed from suspension and published for opposition.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Televisions; audio equipment, namely, digital audio players, speakers, radios, sound systems and auxiliary inputs
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Proposed:
Tracked Text Description: Televisions; audio equipment, namely, digital audio players, speakers, radios, sound systems and auxiliary inputs; audio equipment, namely, digital audio players, audio speakers, and radiosClass 009 for Televisions; audio equipment, namely, digital audio players, audio speakers, and radios
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).


The applicant's current attorney information: Mark Sommers and Naresh Kilaru. Other appointed attorneys are Mark Sommers and Naresh Kilaru. Mark Sommers and Naresh Kilaru of Finnegan, Henderson, Farabow, Garrett & Dunner, L., and the attorney(s) is located at

      901 New York Avenue NW
      Washington, District of Columbia
      US
The docket/reference number is 14438.0011.

The phone number is 202-408-4000.

The fax number is 202-408-4400.

The email address is docketing@finnegan.com

The applicants proposed attorney information: Mark Sommers and Naresh Kilaru. Other appointed attorneys are all other attorneys of Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. Mark Sommers and Naresh Kilaru of Finnegan, Henderson, Farabow, Garrett & Dunner, L., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      901 New York Avenue NW
      Washington, District of Columbia 20001
      United States
The docket/reference number is 14438.0011.

The phone number is 202-408-4000.

The fax number is 202-408-4400.

The email address is docketing@finnegan.com

Mark Sommers and Naresh Kilaru 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: Mark Sommers and Naresh Kilaru. Other appointed attorneys are Mark Sommers and Naresh Kilaru. Mark Sommers and Naresh Kilaru of Finnegan, Henderson, Farabow, Garrett & Dunner, L., and the attorney(s) is located at

      901 New York Avenue NW
      Washington, District of Columbia
      US
The docket/reference number is 14438.0011.

The phone number is 202-408-4000.

The fax number is 202-408-4400.

The email address is docketing@finnegan.com

The applicants proposed correspondence information: Mark Sommers and Naresh Kilaru. Mark Sommers and Naresh Kilaru of Finnegan, Henderson, Farabow, Garrett & Dunner, L., is located at

      901 New York Avenue NW
      Washington, District of Columbia 20001
      United States
The docket/reference number is 14438.0011.

The phone number is 202-408-4000.

The fax number is 202-408-4400.

The email address is docketing@finnegan.com

Response Suspension Inquiry Signature
Signature: /Mark Sommers/     Date: 09/12/2019
Signatory's Name: Mark Sommers
Signatory's Position: Attorney of Record, DC bar member
Signatory's Phone Number: 202-408-4000

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:    Mark Sommers and Naresh Kilaru
   Finnegan, Henderson, Farabow, Garrett & Dunner, L.
   
   901 New York Avenue NW
   Washington, District of Columbia
Mailing Address:    Mark Sommers and Naresh Kilaru
   Finnegan, Henderson, Farabow, Garrett & Dunner, L.
   901 New York Avenue NW
   Washington, District of Columbia 20001
        
Serial Number: 88223500
Internet Transmission Date: Thu Sep 12 15:28:22 EDT 2019
TEAS Stamp: USPTO/RSI-XX.XXX.X.X-2019091215282233779
0-88223500-610968ebb53b7c6b2f04911642daf
fe99c7fe1ced835d7e33ecb919ebf14cea8efc-N
/A-N/A-20190912151404076321