| 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 | 88276289 |
| LAW OFFICE ASSIGNED | LAW OFFICE 103 |
| MARK SECTION | |
| MARK FILE NAME | http://uspto.report/TM/88276289/mark.png |
| LITERAL ELEMENT | STELLAR |
| STANDARD CHARACTERS | NO |
| USPTO-GENERATED IMAGE | NO |
| ARGUMENT(S) | |
|
In an Office Action dated March 12, 2019, the Examining Attorney has preliminarily refused registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d), because of an allegedly confusingly similar mark. The Examining Attorney cites U.S. Registration No. 4,737,059 and U.S. Application Ser. No. 85/875,771 as likely (or potentially likely) to cause confusion with Applicant’s mark (for at least a portion of the services in Class 35). For the following reasons, Applicant respectfully asks that the refusal be reconsidered and withdrawn. Applicant makes the following response in support of registration. Preliminarily, Applicant notes that the allegedly conflicting services in Class 35 in the cited U.S. Registration No. 4,737,059 have recently been cancelled by the Trademark Office (in fact, the entire Class 35 services have been cancelled). Accordingly, this cited reference should no longer represent a bar to registration of Applicant’s mark. With respect to cited U.S. Application Ser. No. 85/875,771, should the Examining Attorney maintain that the cited application may represent a bar to registration of Applicant’s mark, Applicant respectfully submits that it reserves the right to present arguments against this potential refusal until such time as the prior pending application matures to registration. |
|
| ATTORNEY SECTION (current) | |
| NAME | Adam D. Resnick |
| ATTORNEY BAR MEMBERSHIP NUMBER | NOT SPECIFIED |
| YEAR OF ADMISSION | NOT SPECIFIED |
| U.S. STATE/ COMMONWEALTH/ TERRITORY | NOT SPECIFIED |
| FIRM NAME | MOSAIC LEGAL GROUP, PLLC |
| STREET | 5185 MACARTHUR BLVD., NW, SUITE 350 |
| CITY | WASHINGTON |
| STATE | District of Columbia |
| POSTAL CODE | 20016-3341 |
| COUNTRY | US |
| PHONE | 202-600-2264 |
| FAX | 202-600-2261 |
| aresnick@mosaiclegalgroup.com | |
| AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
| ATTORNEY SECTION (proposed) | |
| NAME | Adam D. Resnick |
| ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
| YEAR OF ADMISSION | XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
| FIRM NAME | MOSAIC LEGAL GROUP, PLLC |
| STREET | 5185 MACARTHUR BLVD., NW, SUITE 350 |
| CITY | WASHINGTON |
| STATE | District of Columbia |
| POSTAL CODE | 20016-3341 |
| COUNTRY | United States |
| PHONE | 202-600-2264 |
| FAX | 202-600-2261 |
| aresnick@mosaiclegalgroup.com | |
| AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
| CORRESPONDENCE SECTION (current) | |
| NAME | ADAM D. RESNICK |
| FIRM NAME | MOSAIC LEGAL GROUP, PLLC |
| STREET | 5185 MACARTHUR BLVD., NW, SUITE 350 |
| CITY | WASHINGTON |
| STATE | District of Columbia |
| POSTAL CODE | 20016-3341 |
| COUNTRY | US |
| PHONE | 202-600-2264 |
| FAX | 202-600-2261 |
| aresnick@mosaiclegalgroup.com | |
| AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
| CORRESPONDENCE SECTION (proposed) | |
| NAME | Adam D. Resnick |
| FIRM NAME | MOSAIC LEGAL GROUP, PLLC |
| STREET | 5185 MACARTHUR BLVD., NW, SUITE 350 |
| CITY | WASHINGTON |
| STATE | District of Columbia |
| POSTAL CODE | 20016-3341 |
| COUNTRY | United States |
| PHONE | 202-600-2264 |
| FAX | 202-600-2261 |
| aresnick@mosaiclegalgroup.com | |
| AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Adam D. Resnick/ |
| SIGNATORY'S NAME | Adam D. Resnick |
| SIGNATORY'S POSITION | Attorney of record, DC bar member |
| SIGNATORY'S PHONE NUMBER | 202-600-2264 |
| DATE SIGNED | 09/12/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu Sep 12 10:09:13 EDT 2019 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XX.XXX-2 0190912100913732590-88276 289-6102915e39966e3e935a8 5c9ba70fed99152a829137027 7fad95c53f777b9d7c-N/A-N/ A-20190912100400713392 |
| 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 an Office Action dated March 12, 2019, the Examining Attorney has preliminarily refused registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d), because of an allegedly confusingly similar mark. The Examining Attorney cites U.S. Registration No. 4,737,059 and U.S. Application Ser. No. 85/875,771 as likely (or potentially likely) to cause confusion with Applicant’s mark (for at least a portion of the services in Class 35). For the following reasons, Applicant respectfully asks that the refusal be reconsidered and withdrawn. Applicant makes the following response in support of registration.
Preliminarily, Applicant notes that the allegedly conflicting services in Class 35 in the cited U.S. Registration No. 4,737,059 have recently been cancelled by the Trademark Office (in fact, the entire Class 35 services have been cancelled). Accordingly, this cited reference should no longer represent a bar to registration of Applicant’s mark.
With respect to cited U.S. Application Ser. No. 85/875,771, should the Examining Attorney maintain that the cited application may represent a bar to registration of Applicant’s mark, Applicant respectfully submits that it reserves the right to present arguments against this potential refusal until such time as the prior pending application matures to registration.