Response to Office Action

EARTH ELEMENTS

Earth Elements, 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 88327468
LAW OFFICE ASSIGNED LAW OFFICE 126
MARK SECTION
MARK http://uspto.report/TM/88327468/mark.png
LITERAL ELEMENT EARTH ELEMENTS
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)
The USPTO denied Applicant's application based on a perceived likelihood of confusion with Reg. No. 4465357. Applicant has petitioned to cancel that registration. Therefore, Applicant requests that the USPTO suspend the instant application until Applicant's cancellation proceeding is decided.
ATTORNEY SECTION (current)
NAME Michael G. Atkins
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME ATTORNEY OF RECORD, WASHINGTON BAR MEMBER
STREET 113 CHERRY STREET #18483
CITY SEATTLE
STATE Washington
POSTAL CODE 98104-2205
COUNTRY US
PHONE 206-628-0983
EMAIL mike@atkinsip.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
ATTORNEY SECTION (proposed)
NAME Michael G. Atkins
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME Atkins Intellectual Property, PLLC
STREET 113 CHERRY STREET #18483
CITY SEATTLE
STATE Washington
POSTAL CODE 98104-2205
COUNTRY United States
PHONE 206-628-0983
EMAIL mike@atkinsip.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (current)
NAME MICHAEL G. ATKINS
FIRM NAME ATTORNEY OF RECORD, WASHINGTON BAR MEMBER
STREET 113 CHERRY STREET #18483
CITY SEATTLE
STATE Washington
POSTAL CODE 98104-2205
COUNTRY US
PHONE 206-628-0983
EMAIL mike@atkinsip.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (proposed)
NAME Michael G. Atkins
FIRM NAME Atkins Intellectual Property, PLLC
STREET 113 CHERRY STREET #18483
CITY SEATTLE
STATE Washington
POSTAL CODE 98104-2205
COUNTRY United States
PHONE 206-628-0983
EMAIL mike@atkinsip.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
SIGNATURE SECTION
RESPONSE SIGNATURE /Michael G. Atkins/
SIGNATORY'S NAME Michael G. Atkins
SIGNATORY'S POSITION Attorney of record, Washington bar member
SIGNATORY'S PHONE NUMBER 206-628-0983
DATE SIGNED 08/13/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Aug 13 07:50:23 EDT 2019
TEAS STAMP USPTO/ROA-X.XXX.XX.XX-201
90813075023134581-8832746
8-61046b18386f32a4257914b
d2182681abf271cab21adcb54
9465c827f565db13f4-N/A-N/
A-20190813074608151235



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. 88327468 EARTH ELEMENTS(Standard Characters, see http://uspto.report/TM/88327468/mark.png) has been amended as follows:

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

The USPTO denied Applicant's application based on a perceived likelihood of confusion with Reg. No. 4465357. Applicant has petitioned to cancel that registration. Therefore, Applicant requests that the USPTO suspend the instant application until Applicant's cancellation proceeding is decided.

The applicant's current attorney information: Michael G. Atkins. Michael G. Atkins of ATTORNEY OF RECORD, WASHINGTON BAR MEMBER, is located at

      113 CHERRY STREET #18483
      SEATTLE, Washington 98104-2205
      US

The phone number is 206-628-0983.

The email address is mike@atkinsip.com

The applicants proposed attorney information: Michael G. Atkins. Michael G. Atkins of Atkins Intellectual Property, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      113 CHERRY STREET #18483
      SEATTLE, Washington 98104-2205
      United States

The phone number is 206-628-0983.

The email address is mike@atkinsip.com

Michael G. Atkins submitted the following statement: I attest that I am an 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).
The applicant's current correspondence information: MICHAEL G. ATKINS. MICHAEL G. ATKINS of ATTORNEY OF RECORD, WASHINGTON BAR MEMBER, is located at

      113 CHERRY STREET #18483
      SEATTLE, Washington 98104-2205
      US

The phone number is 206-628-0983.

The email address is mike@atkinsip.com

The applicants proposed correspondence information: Michael G. Atkins. Michael G. Atkins of Atkins Intellectual Property, PLLC, is located at

      113 CHERRY STREET #18483
      SEATTLE, Washington 98104-2205
      United States

The phone number is 206-628-0983.

The email address is mike@atkinsip.com

SIGNATURE(S)
Response Signature
Signature: /Michael G. Atkins/     Date: 08/13/2019
Signatory's Name: Michael G. Atkins
Signatory's Position: Attorney of record, Washington bar member

Signatory's Phone Number: 206-628-0983

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:    MICHAEL G. ATKINS
   ATTORNEY OF RECORD, WASHINGTON BAR MEMBER
   
   113 CHERRY STREET #18483
   SEATTLE, Washington 98104-2205
Mailing Address:    Michael G. Atkins
   Atkins Intellectual Property, PLLC
   113 CHERRY STREET #18483
   SEATTLE, Washington 98104-2205
        
Serial Number: 88327468
Internet Transmission Date: Tue Aug 13 07:50:23 EDT 2019
TEAS Stamp: USPTO/ROA-X.XXX.XX.XX-201908130750231345
81-88327468-61046b18386f32a4257914bd2182
681abf271cab21adcb549465c827f565db13f4-N
/A-N/A-20190813074608151235



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