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 1960 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Request for Reconsideration after Final Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88281503 |
LAW OFFICE ASSIGNED |
LAW OFFICE 127 |
MARK SECTION |
MARK |
mark |
LITERAL ELEMENT |
THE LOFT |
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. |
OWNER SECTION (current) |
NAME |
Silverado Senior Living Holdings, Inc. |
INTERNAL ADDRESS |
Suite 200 |
MAILING ADDRESS |
6400 Oak Canyon |
CITY |
Irvine |
STATE |
California |
ZIP/POSTAL CODE |
92618 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
OWNER SECTION (proposed) |
NAME |
Silverado Senior Living Holdings, Inc. |
INTERNAL ADDRESS |
Suite 200 |
MAILING ADDRESS |
6400 Oak Canyon |
CITY |
Irvine |
STATE |
California |
ZIP/POSTAL CODE |
92618 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
EMAIL |
XXXX |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_26056000101bc0dd39f7d
dc1ef9d49b8-2020042114062 8530720_._LOFT_Coexistenc e_Agreement_-_Fully_Execu ted__11-12-19_.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\882\815\88281503\xml1\ RFR0002.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\882\815\88281503\xml1\ RFR0003.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\882\815\88281503\xml1\ RFR0004.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\882\815\88281503\xml1\ RFR0005.JPG |
DESCRIPTION OF EVIDENCE FILE |
The Registrant of the cited mark, The Loft Rehabilitation and Nursing, LLC, has consented to Applicant's continued use and coexistence. The
attached Agreement informs that the respective parties considered their commercial interests and mutually concurred that confusion is not likely. This was owing to the following: (i) no actual
confusion to date; (ii) distinguishable services; (iii) geographical division; and (iii) disparate target consumer bases. To safeguard against prospective instances of confusion, the parties have
agreed to geographically restrict expansion to avoid occupying the same region. And, the parties averred to undertake all measures to rectify any instance of confusion. Accordingly, Applicant
respectfully requests the Examiner allow the Application to proceed to publication in accordance with Registrant's and Applicant's mutual intention. |
CORRESPONDENCE INFORMATION (current) |
NAME |
Rachel Saldana |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
rachel.saldana@saldana-ip.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Rachel Saldana |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
rachel.saldana@saldana-ip.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
rsaldana@post.harvard.edu |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Rachel Saldana/ |
SIGNATORY'S NAME |
Rachel Saldana |
SIGNATORY'S POSITION |
Counsel of Record (Cal Bar # 245677) |
SIGNATORY'S PHONE NUMBER |
6178754625 |
DATE SIGNED |
04/21/2020 |
AUTHORIZED SIGNATORY |
YES |
CONCURRENT APPEAL NOTICE FILED |
NO |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Apr 21 14:08:16 ET 2020 |
TEAS STAMP |
USPTO/RFR-XXXX:XXXX:XXXX:
XXXX:XXXX:XXXX:XXXX:XXXX-
20200421140816372098-8828
1503-710cd9e58d7f211a443c
4f13eef6b2a8b17561241cf2c
32275333b1fa5857c7f395-N/
A-N/A-2020042114062853072
0 |
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 1960 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Request for Reconsideration after Final Action
To the Commissioner for Trademarks:
Application serial no.
88281503 THE LOFT(Standard Characters, see http://uspto.report/TM/88281503/mark.png) has been amended as follows:
EVIDENCE
Evidence has been attached: The Registrant of the cited mark, The Loft Rehabilitation and Nursing, LLC, has consented to Applicant's continued use and coexistence. The attached Agreement informs that
the respective parties considered their commercial interests and mutually concurred that confusion is not likely. This was owing to the following: (i) no actual confusion to date; (ii)
distinguishable services; (iii) geographical division; and (iii) disparate target consumer bases. To safeguard against prospective instances of confusion, the parties have agreed to geographically
restrict expansion to avoid occupying the same region. And, the parties averred to undertake all measures to rectify any instance of confusion. Accordingly, Applicant respectfully requests the
Examiner allow the Application to proceed to publication in accordance with Registrant's and Applicant's mutual intention.
Original PDF file:
evi_26056000101bc0dd39f7d
dc1ef9d49b8-2020042114062 8530720_._LOFT_Coexistenc e_Agreement_-_Fully_Execu ted__11-12-19_.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1Evidence-2Evidence-3Evidence-4
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Silverado Senior Living Holdings, Inc., a corporation of California, having an address of
Suite 200 6400 Oak Canyon
Irvine, California 92618
United States
Proposed: Silverado Senior Living Holdings, Inc., a corporation of California, having an address of
Suite 200
6400 Oak Canyon
Irvine, California 92618
United States
Email Address: XXXX
Correspondence Information (current):
Rachel Saldana
PRIMARY EMAIL FOR CORRESPONDENCE: rachel.saldana@saldana-ip.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
Rachel Saldana
PRIMARY EMAIL FOR CORRESPONDENCE: rachel.saldana@saldana-ip.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rsaldana@post.harvard.edu
Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all
official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).
SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Rachel Saldana/ Date: 04/21/2020
Signatory's Name: Rachel Saldana
Signatory's Position: Counsel of Record (Cal Bar # 245677)
Signatory's Phone Number: 6178754625
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.
The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.
Mailing Address: Rachel Saldana
SALDANA IP
SUITE 508
2601 N. QUINLAN PARK ROAD
AUSTIN, Texas 78732
Mailing Address: Rachel Saldana
SALDANA IP
SUITE 508
2601 N. QUINLAN PARK ROAD
AUSTIN, Texas 78732
Serial Number: 88281503
Internet Transmission Date: Tue Apr 21 14:08:16 ET 2020
TEAS Stamp: USPTO/RFR-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200421140816372098-88281503-
710cd9e58d7f211a443c4f13eef6b2a8b1756124
1cf2c32275333b1fa5857c7f395-N/A-N/A-2020
0421140628530720