TEAS Request Reconsideration after FOA

YH

Torrance R.M. Green

TEAS Request Reconsideration after FOA

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 1960 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88328950
LAW OFFICE ASSIGNED LAW OFFICE 125
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88328950/mark.png
LITERAL ELEMENT YH
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
OWNER SECTION (current)
NAME Torrance R.M. Green
MAILING ADDRESS 580 Pear Orchard Rd. #722
CITY Ridgeland
STATE Mississippi
ZIP/POSTAL CODE 39157
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 662-255-8834
OWNER SECTION (proposed)
NAME Torrance R.M. Green
MAILING ADDRESS 580 Pear Orchard Rd. #722
CITY Ridgeland
STATE Mississippi
ZIP/POSTAL CODE 39157
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 662-255-8834
EMAIL XXXX
ARGUMENT(S)

The factor of sophistication of the purchasers also weighs in favor of registration of the Applicant’s Mark. Where the relevant buyer class is composed solely of professional or commercial purchasers, it is reasonable to set a higher standard of care than exists for consumers. Checkpoint Sys. v. Check Point Software Tech, 268 F.3d 270, 285 (3rd Cir. 2001). The Applicant’s Mark, the First Registered Mark, and the Second Registered Mark are related to computer products indicating an educated and professional consumer base that carefully examines the products and services that they will purchase. Indeed, courts have determined that consumers are more careful than usual have found no likelihood of confusion even where the names of the institutions share some of the same terms. To buttress this argument, Applicant notes that over twenty (20) registered marks include the word “YH”

Clearly, the registration of these marks also implies that the USPTO believes that consumers are capable of making the necessary distinctions so as to register all of these mark in relation to services. Because of the nature of the products at issue, therefore, this factor also weighs in favor of registrability of the Applicant’s Mark.

CORRESPONDENCE INFORMATION (current)
NAME Casey Williams
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE mcwilliams213@gmail.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) MWILLIA88@YAHOO.COM
DOCKET/REFERENCE NUMBER yh
CORRESPONDENCE INFORMATION (proposed)
NAME Casey Williams
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE mcwilliams213@gmail.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) MWILLIA88@YAHOO.COM
DOCKET/REFERENCE NUMBER yh
SIGNATURE SECTION
RESPONSE SIGNATURE /Michael Williams/
SIGNATORY'S NAME Michael Williams
SIGNATORY'S POSITION Attorney
DATE SIGNED 06/06/2020
AUTHORIZED SIGNATORY YES
CONCURRENT APPEAL NOTICE FILED NO
FILING INFORMATION SECTION
SUBMIT DATE Sat Jun 06 22:36:25 ET 2020
TEAS STAMP USPTO/RFR-XX.XX.XXX.XXX-2
0200606223625238765-88328
950-710b6dacd83fd74971111
36245c1926f2eb2eb23ded8e5
d093a52f7665a775b-N/A-N/A
-20200606221908773322



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 1960 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action


To the Commissioner for Trademarks:

Application serial no. 88328950 YH (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8832895 0/large) has been amended as follows:

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

The factor of sophistication of the purchasers also weighs in favor of registration of the Applicant’s Mark. Where the relevant buyer class is composed solely of professional or commercial purchasers, it is reasonable to set a higher standard of care than exists for consumers. Checkpoint Sys. v. Check Point Software Tech, 268 F.3d 270, 285 (3rd Cir. 2001). The Applicant’s Mark, the First Registered Mark, and the Second Registered Mark are related to computer products indicating an educated and professional consumer base that carefully examines the products and services that they will purchase. Indeed, courts have determined that consumers are more careful than usual have found no likelihood of confusion even where the names of the institutions share some of the same terms. To buttress this argument, Applicant notes that over twenty (20) registered marks include the word “YH”

Clearly, the registration of these marks also implies that the USPTO believes that consumers are capable of making the necessary distinctions so as to register all of these mark in relation to services. Because of the nature of the products at issue, therefore, this factor also weighs in favor of registrability of the Applicant’s Mark.



OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Torrance R.M. Green, a citizen of United States, having an address of
      580 Pear Orchard Rd. #722
      Ridgeland, Mississippi 39157
      United States
      662-255-8834
Proposed: Torrance R.M. Green, a citizen of United States, having an address of
      580 Pear Orchard Rd. #722
      Ridgeland, Mississippi 39157
      United States
      Email Address: XXXX
      662-255-8834
Correspondence Information (current):
      Casey Williams
      PRIMARY EMAIL FOR CORRESPONDENCE: mcwilliams213@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): MWILLIA88@YAHOO.COM

The docket/reference number is yh.
Correspondence Information (proposed):
      Casey Williams
      PRIMARY EMAIL FOR CORRESPONDENCE: mcwilliams213@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): MWILLIA88@YAHOO.COM

The docket/reference number is yh.

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

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Michael Williams/     Date: 06/06/2020
Signatory's Name: Michael Williams
Signatory's Position: Attorney

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    Casey Williams
   
   PO BOX 3277
   PO BOX 3277
   JACKSON, Mississippi 39207
Mailing Address:    Casey Williams
   PO BOX 3277
   PO BOX 3277
   JACKSON, Mississippi 39207
        
Serial Number: 88328950
Internet Transmission Date: Sat Jun 06 22:36:25 ET 2020
TEAS Stamp: USPTO/RFR-XX.XX.XXX.XXX-2020060622362523
8765-88328950-710b6dacd83fd7497111136245
c1926f2eb2eb23ded8e5d093a52f7665a775b-N/
A-N/A-20200606221908773322



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