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. 88278053 INTERSTELLAR (Stylized and/or with Design, see http://uspto.report/TM/88278053/mark.png) has been amended as follows:
PENDING SERIAL NUMBER(S)
Serial number(s) 87288980 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 respectfully requests the removal of the instant application from suspension. Specifically, Applicant requests that the Examining Attorney withdraw the reference to the cited prior pending mark (87/288,980) and allow the instant mark to be published for opposition. In this instance, Applicant will delete class 38 from the application. By removing class 38 from the application, Applicant maintains that the prior pending mark, INTERSTELLAR BEACON (87/288,980) is no longer confusingly similar to the instant mark, INTERSTELLAR and design (88/278,053).
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 038 for Providing Internet access to downloads of books, magazines, newspapers and digital media on a variety of topics via a web site; electronic delivery of electronic library books and electronic books

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Electronic data storage; Electronic monitoring and reporting of persons, materials, and equipment using computers or sensors
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: electronic data storage; Electronic monitoring and reporting of persons, materials, and equipment using computers or sensors; electronic monitoring and reporting of vehicles, trailers, drivers, cargo in transit, freight, delivery containers and industrial assets using computers and sensorsClass 042 for electronic data storage; electronic monitoring and reporting of vehicles, trailers, drivers, cargo in transit, freight, delivery containers and industrial assets using computers and sensors
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)).

Correspondence Information (current):
      Mariessa Terrell
      PRIMARY EMAIL FOR CORRESPONDENCE: mterrell@innovationPI.law
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mterrell@sbclawgroup.com; info@interstellarm2m.com; geraldfbcooper@icloud.com; designsmc@gmail.com

The docket/reference number is 00086.
Correspondence Information (proposed):
      Mariessa Terrell
      PRIMARY EMAIL FOR CORRESPONDENCE: mterrell@innovationPI.law
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mterrell@sbclawgroup.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

Response Suspension Inquiry Signature
Signature: /Mariessa Terrell/     Date: 02/15/2020
Signatory's Name: Mariessa Terrell
Signatory's Position: Attorney of Record, Maryland Bar Member
Signatory's Phone Number: 2022775071

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:    Mariessa Terrell
   Innovation PI Law
   Suite 501
   455 Massachusetts Ave., NW
   Washington, District of Columbia
Mailing Address:    Mariessa Terrell
   Innovation PI Law
   Suite 501
   455 Massachusetts Ave., NW
   Washington, District of Columbia 20001
        
Serial Number: 88278053
Internet Transmission Date: Sat Feb 15 13:22:05 ET 2020
TEAS Stamp: USPTO/RSI-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20200215132205477878-88278053-7
10d7e5df738abcbd88773f121b59697f4e5ccc62
18483f6a9c7ee089b0ead7a3a-N/A-N/A-202002
15131853437047