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. 88277308 BALANCE(Standard Characters, see http://uspto.report/TM/88277308/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Re: U.S. Serial No. 88277308 for BALANCE Dear Trademark Examining Attorney Young: Amendment to the Identification of Goods Applicant thanks the Examining Attorney for the suggested changes to the Identification of Goods. Applicant has also amended the identification to clarify or limit the nature or purpose of the goods by adding the phrase ?for stress and dehydration aid?. Accordingly, please amend the identification of goods as follows: Class 005: Nutritional supplements for livestock, namely, pigs and chickens, for stress and dehydration aid. Nutritional supplements for livestock (pigs, chickens, etc) , namely, pigs and chickens, for stress and dehydration aid; Animal feed additives for use as nutritional supplements. Registration Refused ? Section 2(d) Likelihood of Confusion Here, the Examining Attorney stated that ?the marks in their entireties are compared for similarities in appearance, sound, connotation, and commercial impression.? Applicant respectfully submits that with the amendment to the Identification of Goods, however, the comparison of goods differs significantly between nutritional supplements for pigs and chickens versus nutritional supplements for cattle. Moreover, the classes of purchasers would differ significantly between pigs and chicken versus cattle owners. And finally, the nature of the goods for stress and dehydration also distinguishes the goods of applicant from those of the registrant. Thus, in view of the arguments presented above, the rejection based on Section 2(d) Likelihood of Confusion is respectfully requested to be withdrawn. The Examining Attorney is invited to call the undersigned if any further amendments are required. Very truly yours, John W. Ryan Attorney of Record for Applicant DC Bar #412361 - Admitted 1987 Ryan Patent Law 2021 L Street, NW Suite 101-303 Washington, DC 20036-4909 (703) 869-0010 RyanPatentLaw@gmail.com

The applicant's current attorney information: John W. Ryan. John W. Ryan of RYAN PATENT LAW, is located at

      2021 L Street, NW, Suite 101-303
      WASHINGTON, District of Columbia 20036-4909
      US

The phone number is 703-869-0010.

The email address is RYANPATENTLAW@GMAIL.COM

The applicants proposed attorney information: John W. Ryan. John W. Ryan of RYAN PATENT LAW, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      2021 L Street, NW, Suite 101-303
      WASHINGTON, District of Columbia 20036-4909
      United States

The phone number is 703-869-0010.

The email address is RYANPATENTLAW@GMAIL.COM

John W. Ryan 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: JOHN W. RYAN. JOHN W. RYAN of RYAN PATENT LAW, is located at

      2021 L Street, NW, Suite 101-303
      WASHINGTON, District of Columbia 20036-4909
      US

The phone number is 703-869-0010.

The email address is RyanPatentLaw@gmail.com; ryan57201@verizon.net

The applicants proposed correspondence information: John W. Ryan. John W. Ryan of RYAN PATENT LAW, is located at

      2021 L Street, NW, Suite 101-303
      WASHINGTON, District of Columbia 20036-4909
      United States

The phone number is 703-869-0010.

The email address is RYANPATENTLAW@GMAIL.COM; ryan57201@verizon.net

SIGNATURE(S)
Response Signature
Signature: /John W. Ryan/     Date: 10/09/2019
Signatory's Name: John W. Ryan
Signatory's Position: Attorney of Record/DC Bar Member

Signatory's Phone Number: 703-869-0010

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:    JOHN W. RYAN
   RYAN PATENT LAW
   
   2021 L Street, NW, Suite 101-303
   WASHINGTON, District of Columbia 20036-4909
Mailing Address:    John W. Ryan
   RYAN PATENT LAW
   2021 L Street, NW, Suite 101-303
   WASHINGTON, District of Columbia 20036-4909
        
Serial Number: 88277308
Internet Transmission Date: Wed Oct 09 22:52:18 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2019100922521887
6006-88277308-6104d13517e714d598a2d5a495
df17f48f8fe14f6fcbba8fc45aacf297d4599c55
-N/A-N/A-20191009224629637657