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) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 88257424 |
LAW OFFICE ASSIGNED | LAW OFFICE 118 |
MARK SECTION | |
MARK | http://uspto.report/TM/88257424/mark.png |
LITERAL ELEMENT | RUNAWAY SCRAPE |
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) | |
In the Official Action, the Examiner has initially refused registration on the Principal Register because of the "likelihood of confusion" of the mark with a prior registered mark. However, Applicant notes that the cited registration, namely, U.S. Registration No. 3,509,813 for the mark "RUNAWAY", has been cancelled due to the registrant's failure to file Section 8 and 9 Declarations. The deadline to file the Section 8 and 9 Declarations was September 30, 2018. The declarations were not filed. The six month grace period in which to file the declarations expired March 30, 2019. Once again, the declarations were not filed. Since the grace period to renew the cited registration is expired, the registration is now abandoned. As a result, the cited registration no longer resides on the trademark register, and no likelihood of confusion can be found between Applicant's mark and the cited registrant's mark. Based on the foregoing analysis, Applicant requests that the Examiner reconsider the original rejection of this application. Since the Examining Attorney has cited no other similar registered or pending mark which would bar registration under the Trademark Act, Applicant respectfully requests that the present mark be passed to publication at an early date. |
|
PAYMENT SECTION | |
NUMBER OF CLASSES | 1 |
APPLICATION FOR REGISTRATION PER CLASS | 275 |
TOTAL FEES DUE | 275 |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /2984-59/ |
SIGNATORY'S NAME | Michael F. Swartz |
SIGNATORY'S POSITION | Attorney of record, Texas bar member |
SIGNATORY'S PHONE NUMBER | 713-224-8080 |
DATE SIGNED | 04/17/2019 |
RESPONSE SIGNATURE | /2984-59/ |
SIGNATORY'S NAME | Michael F. Swartz |
SIGNATORY'S POSITION | Attorney of record, Texas bar member |
SIGNATORY'S PHONE NUMBER | 713-224-8080 |
DATE SIGNED | 04/17/2019 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Wed Apr 17 12:31:57 EDT 2019 |
TEAS STAMP | USPTO/ROA-XX.XX.XXX.XXX-2 0190417123157607774-88257 424-6207a2a44f96a907789c4 a4856aade185facc347f5b14c 4924581142083c4dc882-CC-1 1349-20190417122934963525 |
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) |
In the Official Action, the Examiner has initially refused registration on the Principal Register because of the "likelihood of confusion" of the mark with a prior registered mark.
However, Applicant notes that the cited registration, namely, U.S. Registration No. 3,509,813 for the mark "RUNAWAY", has been cancelled due to the registrant's failure to file Section 8 and 9 Declarations. The deadline to file the Section 8 and 9 Declarations was September 30, 2018. The declarations were not filed. The six month grace period in which to file the declarations expired March 30, 2019. Once again, the declarations were not filed. Since the grace period to renew the cited registration is expired, the registration is now abandoned. As a result, the cited registration no longer resides on the trademark register, and no likelihood of confusion can be found between Applicant's mark and the cited registrant's mark.
Based on the foregoing analysis, Applicant requests that the Examiner reconsider the original rejection of this application. Since the Examining Attorney has cited no other similar registered or pending mark which would bar registration under the Trademark Act, Applicant respectfully requests that the present mark be passed to publication at an early date.
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.