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. 88293039 RAD(Standard Characters, see http://uspto.report/TM/88293039/mark.png) has been amended as follows:

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

Applicant respectfully disagrees with Examiner that any confusion would be likely between Applicant's raD mark and the cited application for IMMUNORAD. The obvious differences in the look and sound of the marks alone are sufficient to differentiate these marks in the minds of consumers. The dominant portion of a mark is the beginning of the mark, which in the case of the cited mark looks and sounds like the word IMMUNE, which is descriptive in relation to the services listed by the cited application, namely medical and cancer related services. Usage of the mark by the cited mark's owner shows the mark in use in the "Immunotherapy-Radiotherapy" field, as seen on their website at http://www.immunorad.fr/en/. The targeted consumers for their services would be attendees of their conferences covering these highly specialized medical topics. The cited mark itself is shorthand for the term IMMUNOTHERAPY and the term RADIOTHERAPY, two types of cancer therapies. The term RAD, which constitutes the only similarity between Applicant's mark and that of the cited mark, is just short for RADIOTHERAPY, which is obvious to the targeted consumers of the cited mark's owners, as the mark is clearly used in that field. Applicant's mark has no such meaning nor targets those consumers. Applicant is in the field of entertainment, specifically working with celebrities and others who work the red carpet at high profile Hollywood- type events, such as the Oscars and Emmys. Applicant's mark has nothing to do with radiotherapy. Their mark is short for red carpet advocacy, as they help promote advocacy on the red carpet ("Red carpet ADvocacy"). Given the significant difference in the sound, look, connotation, channels of trade and targeted consumers, there can be no likelihood of confusion between these marks. Applicant has also reviewed Examiner's suggestions to revise the class description, but the description would not be accurate. Applicant helps celebrities raise funds for their favorite charities through their recognition and fame on the red carpet, thus the only way to define which charities would be targeted is to define them as "charities promoted by the celebrity client". They also don't organize or administer the red carpet events themselves, but provide services for those who attend such events. Thus, the following revised class description would be accurate: "Accepting and administering monetary charitable contributions for meaningful opportunities for philanthropy, advocacy and awareness for non-profits; Accepting and administering monetary charitable contributions on behalf of celebrities who want to use their status for good at red carpet events, to various charities of the celebrity's choosing; Charitable fund raising; Charitable fundraising services by means of red carpet advocacy, namely, helping celebrities use their status for charitable fund raising at red carpet events; Philanthropy consultation relating to charitable fundraising; Financial consulting services in the field of planned giving for non-profit and charitable organizations." In light of the above arguments and revisions, this application is now in a condition for allowance.

The applicant's current attorney information: Sevag Demirjian. Sevag Demirjian of DEMIRJIAN LAW OFFICES, is located at

      5200 LANKERSHIM BLVD., SUITE 850
      NORTH HOLLYWOOD, California 91601
      US

The phone number is 310-870-3977.

The fax number is 3109460339.

The email address is sevag@demirjianlaw.com

The applicants proposed attorney information: Sevag Demirjian. Sevag Demirjian of DEMIRJIAN LAW OFFICES, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      5200 LANKERSHIM BLVD., SUITE 850
      NORTH HOLLYWOOD, California 91601
      United States

The phone number is 310-870-3977.

The fax number is 3109460339.

The email address is sevag@demirjianlaw.com

Sevag Demirjian 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: SEVAG DEMIRJIAN. SEVAG DEMIRJIAN of DEMIRJIAN LAW OFFICES, is located at

      5200 LANKERSHIM BLVD., SUITE 850
      NORTH HOLLYWOOD, California 91601
      US

The phone number is 310-870-3977.

The fax number is 310-946-0339.

The email address is sevag@demirjianlaw.com

The applicants proposed correspondence information: Sevag Demirjian. Sevag Demirjian of DEMIRJIAN LAW OFFICES, is located at

      5200 LANKERSHIM BLVD., SUITE 850
      NORTH HOLLYWOOD, California 91601
      United States

The phone number is 310-870-3977.

The fax number is 3109460339.

The email address is sevag@demirjianlaw.com

SIGNATURE(S)
Response Signature
Signature: /sevag demirjian/     Date: 10/27/2019
Signatory's Name: Sevag Demirjian
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 3108703977

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:    SEVAG DEMIRJIAN
   DEMIRJIAN LAW OFFICES
   
   5200 LANKERSHIM BLVD., SUITE 850
   NORTH HOLLYWOOD, California 91601
Mailing Address:    Sevag Demirjian
   DEMIRJIAN LAW OFFICES
   5200 LANKERSHIM BLVD., SUITE 850
   NORTH HOLLYWOOD, California 91601
        
Serial Number: 88293039
Internet Transmission Date: Sun Oct 27 18:47:43 EDT 2019
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20191027184743017363-88293039-
700f6dc69a3c43fd8f0e4c6319392a066b879513
64dcb3ecc4255bcb2c7ce8674b-N/A-N/A-20191
027182739943642