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 2194 (Rev 03/2012) |
OMB No. 0651-0054 (Exp 12/31/2020) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 88323544 |
LAW OFFICE ASSIGNED | LAW OFFICE 121 |
PETITION | |
PETITION STATEMENT | Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the USPTO to revive the abandoned application. |
RESPONSE TO OFFICE ACTION | |
MARK SECTION | |
MARK | mark |
LITERAL ELEMENT | SIMONS |
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 | La Maison Simons Inc. |
MAILING ADDRESS | 20, Côte de la Fabrique |
CITY | Québec QC |
ZIP/POSTAL CODE | G1R3V9 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | Canada |
OWNER SECTION (proposed) | |
NAME | La Maison Simons Inc. |
MAILING ADDRESS | 20, Côte de la Fabrique |
CITY | Québec QC |
ZIP/POSTAL CODE | G1R3V9 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | Canada |
XXXX | |
ARGUMENT(S) | |
Section 2(d) Refusal - Likelihood of Confusion: Registration of the applied-for mark continues to be refused on the grounds that there is a likelihood of confusion with the marks set forth in Registration Nos. 4638887 and 5025982. Applicant continues to disagree that there is a likelihood of confusion and continues to request that the refusal be withdrawn. The Examining Attorney has indicated that Applicant's previously made arguments will be addressed in full in a later Office action. Applicant will respond to the Examining Attorney's further arguments once made. Section 2(e)(4) - Surname Refusal: Applicant hereby provides a declaration in support of its claim of acquired distinctiveness. | |
ADDITIONAL STATEMENTS SECTION | |
MISCELLANEOUS STATEMENT | Although the home country registration has issued, the certificate of registration and the English translation thereof are not yet available. Applicant requests that prosecution be SUSPENDED pending the availability of these documents for submission to the US PTO. |
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use | The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement. |
CORRESPONDENCE INFORMATION (current) | |
NAME | James R Menker |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | eastdocket@holleymenker.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | NOT PROVIDED |
DOCKET/REFERENCE NUMBER | 3000.0007 |
CORRESPONDENCE INFORMATION (proposed) | |
NAME | James R Menker |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | eastdocket@holleymenker.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | NOT PROVIDED |
DOCKET/REFERENCE NUMBER | 3000.0007 |
PAYMENT SECTION | |
TOTAL AMOUNT | 100 |
TOTAL FEES DUE | 100 |
SIGNATURE SECTION | |
PETITION SIGNATURE | /jmenker/ |
SIGNATORY'S NAME | James R Menker |
SIGNATORY'S POSITION | Attorney of record, Florida bar member |
SIGNATORY'S PHONE NUMBER | 9042472620 |
DATE SIGNED | 06/28/2020 |
DECLARATION SIGNATURE | /jmenker/ |
SIGNATORY'S NAME | James R Menker |
SIGNATORY'S POSITION | Attorney of record, Florida bar member |
SIGNATORY'S PHONE NUMBER | 9042472620 |
DATE SIGNED | 06/28/2020 |
RESPONSE SIGNATURE | /jmenker/ |
SIGNATORY'S NAME | James R Menker |
SIGNATORY'S POSITION | Attorney of record, Florida bar member |
SIGNATORY'S PHONE NUMBER | 9042472620 |
DATE SIGNED | 06/28/2020 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Sun Jun 28 09:59:12 ET 2020 |
TEAS STAMP | USPTO/POA-XXXX:XXX:XXXX:X XXX:XXXX:XXXX:XXXX:XXXX-2 0200628095912484587-88323 544-7101f19cbc7951456b142 225e808583669d5939668fa65 6c8284e9a14762f5ce71-CC-5 9106358-20200628090157868 657 |
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 2194 (Rev 03/2012) |
OMB No. 0651-0054 (Exp 12/31/2020) |
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.