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. 88226760 CULPRIT(Standard Characters, see http://uspto.report/TM/88226760/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Mr. Howard in response to your office action to our application serial number 88226760 "culprit" Likely to cause confusion claim to Registered mark number 4383838 "the culpirts" has NOT renewed its sec. 8 (6yr renewal) furthermore the mark has expired as of August 13th 2019 and has been granted a 30 day grace period of 30 days from said date. I/we are asking that as of September 13th 2019 the mark will become abandoned and the "likely to cause confusion" will no longer be an issue and we should be granted a publish for opposition for our mark. In addition we have investigated and the Brand "the culprits" is NOT in commerce and has NOT been for years , the address of its HQ in NJ is now a T-moble( R ) store. 2) In reference to your specimen refusal I/we have sent you product tags, printed labels and copies of culprit brand of website distribution (Sorry you did NOT receive ) I will be attaching current website screen shot proving that we are and have been in commerce of use on a national scale 3) Your request that make can NOT "disclaim entire mark" I /we are requesting that we claim the mark for IC 25 UNDERWEAR Myself and the Team plan to be emailing you and scheduling a call to make sure we fully understand ALL your refusal points. At this time we are requesting that the "likely to cause confusion" portion of your refusal be removed based upon the sec8 (6yr) for mark 4383838 Plus you will be able see attached uploads that our mark is and has been in commerce past and current. Thank you for your immediate attention! Respectfully, Alan J Gelb Esq. has been attached.
Original PDF file:
evi_6925310910-20190909175521321135_._CU2.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_6925310910-20190909175521321135_._CU_1.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

SIGNATURE(S)
Response Signature
Signature: /Alan Gelb/     Date: 09/09/2019
Signatory's Name: Alan Gelb
Signatory's Position: Attorney of record

Signatory's Phone Number: 2153540504

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.

        
Serial Number: 88226760
Internet Transmission Date: Mon Sep 09 18:07:07 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019090918070771
9340-88226760-61083bc64a2f8ef6937aaae313
3d4298e7e2ae5d7c834e9f4f84a7e1f249e1537e
-N/A-N/A-20190909175521321135