Response to Office Action

VAPO

B&G Trading LLC

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88316895
LAW OFFICE ASSIGNED LAW OFFICE 105
MARK SECTION
MARK http://uspto.report/TM/88316895/mark.png
LITERAL ELEMENT VAPO
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.
ARGUMENT(S)
In the Office Action dated May 10, 2019, the only issue identified by the examiner was a likelihood of confusion with the mark bearing U.S. Reg. No. 4268951.  As the attached evidence will indicate, that mark has been cancelled or abandoned, rendering the basis for the refusal moot.
EVIDENCE SECTION
       EVIDENCE
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\883\168\88316895\xml4\ ROA0002.JPG
DESCRIPTION OF EVIDENCE FILE The evidence comprises a single screenshot of the TSDR page for the trademark bearing U.S. Reg. No. 4268951. The screenshot indicates that the trademark has been cancelled or invalidated and removed from the registry.
ATTORNEY SECTION (current)
NAME Robert J. McGee
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME VENJURIS, P.C.
STREET 1938 E. OSBORN ROAD
CITY PHOENIX
STATE Arizona
POSTAL CODE 85016
COUNTRY US
PHONE 602-631-9100
EMAIL pto_rjm@venjuris.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER PHRM2139-008
ATTORNEY SECTION (proposed)
NAME Robert J. McGee
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME Law Offices of Donald W. Hudspeth, PC
INTERNAL ADDRESS Ste. 2500
STREET 3200 N. Central Ave.
CITY PHOENIX
STATE Arizona
POSTAL CODE 85012
COUNTRY United States
PHONE 602-265-7997
EMAIL rjm@azbuslaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 1772-11579
CORRESPONDENCE SECTION (current)
NAME ROBERT J. MCGEE
FIRM NAME VENJURIS, P.C.
STREET 1938 E. OSBORN ROAD
CITY PHOENIX
STATE Arizona
POSTAL CODE 85016
COUNTRY US
PHONE 602-631-9100
EMAIL pto_rjm@venjuris.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER PHRM2139-008
CORRESPONDENCE SECTION (proposed)
NAME Robert J. McGee
FIRM NAME Law Offices of Donald W. Hudspeth, PC
INTERNAL ADDRESS Ste. 2500
STREET 3200 N. Central Ave.
CITY PHOENIX
STATE Arizona
POSTAL CODE 85012
COUNTRY United States
PHONE 602-265-7997
EMAIL rjm@azbuslaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 1772-11579
SIGNATURE SECTION
RESPONSE SIGNATURE /rjm/
SIGNATORY'S NAME Robert J. McGee
SIGNATORY'S POSITION Attorney of record, Arizona Bar member
SIGNATORY'S PHONE NUMBER 602 265 7997
DATE SIGNED 11/12/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Nov 12 17:29:26 EST 2019
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XX-2
0191112172926587259-88316
895-700addfc114925976691b
c757e1762c191a14934a74ed6
f3ec63177f091f3eee8-N/A-N
/A-20191112171954799069



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. 88316895 VAPO(Standard Characters, see http://uspto.report/TM/88316895/mark.png) has been amended as follows:

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

In the Office Action dated May 10, 2019, the only issue identified by the examiner was a likelihood of confusion with the mark bearing U.S. Reg. No. 4268951.  As the attached evidence will indicate, that mark has been cancelled or abandoned, rendering the basis for the refusal moot.

EVIDENCE
Evidence in the nature of The evidence comprises a single screenshot of the TSDR page for the trademark bearing U.S. Reg. No. 4268951. The screenshot indicates that the trademark has been cancelled or invalidated and removed from the registry. has been attached. Evidence-1

The applicant's current attorney information: Robert J. McGee. Robert J. McGee of VENJURIS, P.C., is located at

      1938 E. OSBORN ROAD
      PHOENIX, Arizona 85016
      US
The docket/reference number is PHRM2139-008.

The phone number is 602-631-9100.

The email address is pto_rjm@venjuris.com

The applicants proposed attorney information: Robert J. McGee. Robert J. McGee of Law Offices of Donald W. Hudspeth, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      Ste. 2500
      3200 N. Central Ave.
      PHOENIX, Arizona 85012
      United States
The docket/reference number is 1772-11579.

The phone number is 602-265-7997.

The email address is rjm@azbuslaw.com

Robert J. McGee 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: ROBERT J. MCGEE. ROBERT J. MCGEE of VENJURIS, P.C., is located at

      1938 E. OSBORN ROAD
      PHOENIX, Arizona 85016
      US
The docket/reference number is PHRM2139-008.

The phone number is 602-631-9100.

The email address is pto_rjm@venjuris.com

The applicants proposed correspondence information: Robert J. McGee. Robert J. McGee of Law Offices of Donald W. Hudspeth, PC, is located at

      Ste. 2500
      3200 N. Central Ave.
      PHOENIX, Arizona 85012
      United States
The docket/reference number is 1772-11579.

The phone number is 602-265-7997.

The email address is rjm@azbuslaw.com

SIGNATURE(S)
Response Signature
Signature: /rjm/     Date: 11/12/2019
Signatory's Name: Robert J. McGee
Signatory's Position: Attorney of record, Arizona Bar member

Signatory's Phone Number: 602 265 7997

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:    ROBERT J. MCGEE
   VENJURIS, P.C.
   
   1938 E. OSBORN ROAD
   PHOENIX, Arizona 85016
Mailing Address:    Robert J. McGee
   Law Offices of Donald W. Hudspeth, PC
   Ste. 2500
   3200 N. Central Ave.
   PHOENIX, Arizona 85012
        
Serial Number: 88316895
Internet Transmission Date: Tue Nov 12 17:29:26 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019111217292658
7259-88316895-700addfc114925976691bc757e
1762c191a14934a74ed6f3ec63177f091f3eee8-
N/A-N/A-20191112171954799069


Response to Office Action [image/jpeg]


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