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