TEAS Response to Suspension Inquiry

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 1822 (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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 88326041 HUNTSMAN(Standard Characters, see http://uspto.report/TM/88326041/mark.png) has been amended as follows:
FOREIGN REGISTRATION
The applicant herein submits a digitized image of a copy, a certification, or a certified copy of a registration in the applicant's country of origin showing that the mark has been registered in that country, and that the registration is in full force and effect. If the foreign registration is not in English, an English translation thereof is being submitted. The applicant hereby requests removal of this application from suspension for further action by the examining attorney.

Filing Basis: Section 44(e), Based on Foreign Registration: A copy of Australia registration number 1953967 registered 02/19/2020, with a renewal date of 09/07/2028 and an expiration date of __________ , and translation thereof (if appropriate), is attached in accordance with 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FR_65183161130-112144276_ ._Australian_Reg._Cert._N o._1953967_for_HUNTSMAN.pdf
Converted PDF file(s) (2 pages)
Foreign Registration-1
Foreign Registration-2
Comment(s)/Remark(s):
Applicant respectfully submits that in this matter for App. No. 88/326,041 the USPTO issued a Notice of Suspension on July 22, 2019, in view of a potential Section 2(d) likelihood of confusion rejection in view of prior- filed App. Nos. 87/904,497; 87/904,511; and 87/904,516. The Notice of Suspension mailed on July 22, 2019 indicated that the subject App. No. 88/326,041 would remain suspended until the prior-filed applications either registered or were abandoned. Prior-filed App. Nos. 87/904,497; 87/904,511; and 87/904,516 were each abandoned with the USPTO on January 21, 2020 following inter-partes proceedings. In view of the abandonment of the prior-filed applications, which originally served as the sole basis of the suspension, Applicant respectfully requests withdrawal of the suspension of the subject App. No. 88/326,041 and requests re-initiation of the examination of App. No. 88/326,041 accordingly. A suspension inquiry was further mailed by the USPTO on February 18, 2020, indicating under "Status required regarding foreign registration/renewal", that "The application was previously suspended until applicant provided a copy of a foreign registration from applicant's country of origin or proof that the registration was renewed. TMEP ??716.02(b), 716.05." Applicant respectfully submits that App. No. 88/326,041 was filed on March 5, 2019 indicating the filing basis of Section 1(b) and Section 44(d) (based on Australian App. No. 1953967). Applicant indicated in the application as filed that it does not intend to rely on Section 44(e) as the basis for registration, but was only asserting a valid claim of priority based on Australian App. No. 1953967, and requested that the application not be suspended to await the submission of the foreign registration. In order to ensure the removal of the suspension of the subject App. No. 88/326,041, Applicant respectfully submits that the corresponding Australian App. No. 1953967 was entered on the IP Australia register on 02/19/2020 (with an official registration date of 09/07/2018) under Reg. No. 1953967. A copy of the Australian registration certificate is attached herewith. In view of the foregoing, Applicant respectfully requests withdrawal of the suspension of the subject App. No. 88/326,041 and requests re-initiation of the examination of App. No. 88/326,041 accordingly. The Trademark Attorney is welcome to contact the Applicant directly at 248-641-1223 if there are any questions or concerns.
The foreign registration that is the basis of the U.S. application under Section 44(e) of the Trademark Act (15 U.S.C. Section 1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.


APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Textron Systems Australia Pty Ltd a(n) proprietary limited company (p/l or pty. ltd.), legally organized under the laws of Australia, having an address of
      Unit 1, 585 Blackburn Road
      Notting Hill, Victoria, 3168
      Australia
Proposed: Textron Systems Australia Pty Ltd, proprietary limited company (p/l or pty. ltd.) legally organized under the laws of Australia, having an address of
      Unit 1, 585 Blackburn Road
      Notting Hill, Victoria, 3168
      Australia
      Email Address: XXXX

The owner's/holder's current attorney information: Joseph M. Lafata. Joseph M. Lafata of HARNESS, DICKEY & PIERCE, P.L.C., is located at

      5445 CORPORATE DRIVE, SUITE 200
      TROY, Michigan
      United States
The docket/reference number is 3191A-200035.

The phone number is 248-641-1600.

The fax number is 2486410270.

The email address is troymailroom@hdp.com

The owner's/holder's proposed attorney information: Joseph M. Lafata. Joseph M. Lafata of HARNESS, DICKEY & PIERCE, P.L.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      5445 CORPORATE DRIVE, SUITE 200
      TROY, Michigan 48098
      United States
The docket/reference number is 3191A-200035.

The phone number is 248-641-1600.

The fax number is 2486410270.

The email address is troymailroom@hdp.com

Joseph M. Lafata 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.Correspondence Information (current):
      JOSEPH M. LAFATA
      PRIMARY EMAIL FOR CORRESPONDENCE: troymailroom@hdp.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jcatanese@hdp.com
Correspondence Information (proposed):
      Joseph M. Lafata
      PRIMARY EMAIL FOR CORRESPONDENCE: troymailroom@hdp.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jcatanese@hdp.com

The docket/reference number is 3191A-200035.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

Response Suspension Inquiry Signature
Signature: /Joseph M. Lafata/     Date: 03/03/2020
Signatory's Name: Joseph M. Lafata
Signatory's Position: Michigan Bar Member, Attorney for Applicant, Attorney with Harness, Dickey & Pierce, P.L.C.
Signatory's Phone Number: 248-641-1600

System experiences issues when trying to connect to message retriever

Mailing Address:    JOSEPH M. LAFATA
   HARNESS, DICKEY & PIERCE, P.L.C.
   
   5445 CORPORATE DRIVE, SUITE 200
   TROY, Michigan
Mailing Address:    Joseph M. Lafata
   HARNESS, DICKEY & PIERCE, P.L.C.
   5445 CORPORATE DRIVE, SUITE 200
   TROY, Michigan 48098
        
Serial Number: 88326041
Internet Transmission Date: Tue Mar 03 11:58:14 ET 2020
TEAS Stamp: USPTO/RSI-XX.XXX.XXX.XXX-202003031158147
52973-88326041-710487c1dde6ea64b57a38621
ad545a972e432746de225c371bc64f8c6ee4ee0-
N/A-N/A-20200302112144276764