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 |
88337706 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 114 |
| MARK SECTION |
| MARK FILE NAME |
http://uspto.report/TM/88337706/mark.png |
| LITERAL ELEMENT |
THOR INDUSTRIES |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of a stylized roadway, stylized mountain peaks, and a circle suggestive of the sun or moon framed by four lines at right
angles substantially in the form of a square. |
| ARGUMENT(S) |
| The Examining Attorney has indicated the filing date of U.S. Application Serial No. 88009215 precedes applicant's filing date and that, applicant's
application may be refused on the basis of Sec. 2(d) if the earlier-filed Application proceeds to registration. Applicant agrees the '215 Application conflicts with the present application. Applicant
further notes that registration of the '215 Application was initially refused on the basis of Sec. 2(d) citing U.S. Reg. Nos. 1780830 (THOR) and 5053749 (THOR MOTOR COACH). Both of these
Registrations are owned by the undersigned applicant, and both Registrations contain similar marks and describe goods nearly identical, at least in part, to those in the present application.
Following a response to the initial Office Action, examination of the '215 Application was suspending pending final disposition of another application not owned by application, but in the Suspension
Notice, the Examining Attorney specifically continued and maintained the Sec. 2(d) refusal on the basis of U.S. Reg. N. 1780830 and 5053749 (both owned by applicant). Applicant agrees with this
Examining Attorney's assessment that the goods described in the '215 Application create a likelihood of confusion for Sec. 2(d) purposes with both the applicant's present application. Moreover, the
applicant believes the '215 Application should likewise be refused on Section 2(d) grounds in light of applicant's prior Registrations. Good and sufficient cause exists to suspend examination of the
present application due to the prior-filed, conflicting '215 Application pending disposition of the examination of that application. See TMEP Sec. 716, 716.02(c). Applicant therefore requests the
Examining Attorney suspend further review of this application until the disposition of U.S. Application Serial No. 88009215. |
| ADDITIONAL STATEMENTS SECTION |
| DISCLAIMER |
No claim is made to the exclusive right to use INDUSTRIES apart from the mark as shown. |
| ATTORNEY SECTION (current) |
| NAME |
CHRISTOPHER R. PUTT |
| ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
| YEAR OF ADMISSION |
NOT SPECIFIED |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
| FIRM NAME |
THOR INDUSTRIES, INC. |
| INTERNAL ADDRESS |
ATTN: LEGAL DEPT |
| STREET |
601 EAST BEARDSLEY AVENUE |
| CITY |
ELKHART |
| STATE |
Indiana |
| POSTAL CODE |
46514 |
| COUNTRY |
US |
| PHONE |
574-294-7706 |
| EMAIL |
cputt@thorindustries.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
Thor Ind |
| ATTORNEY SECTION (proposed) |
| NAME |
CHRISTOPHER R. PUTT |
| ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
| YEAR OF ADMISSION |
XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
| FIRM NAME |
THOR INDUSTRIES, INC. |
| INTERNAL ADDRESS |
ATTN: LEGAL DEPT |
| STREET |
601 EAST BEARDSLEY AVENUE |
| CITY |
ELKHART |
| STATE |
Indiana |
| POSTAL CODE |
46514 |
| COUNTRY |
United States |
| PHONE |
574-294-7706 |
| EMAIL |
cputt@thorindustries.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
Thor Ind |
| CORRESPONDENCE SECTION (current) |
| NAME |
CHRISTOPHER R. PUTT |
| FIRM NAME |
THOR INDUSTRIES, INC. |
| INTERNAL ADDRESS |
ATTN: LEGAL DEPT |
| STREET |
601 EAST BEARDSLEY AVENUE |
| CITY |
ELKHART |
| STATE |
Indiana |
| POSTAL CODE |
46514 |
| COUNTRY |
US |
| PHONE |
574-294-7706 |
| EMAIL |
cputt@thorindustries.com; jcastello@thorindustries.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
Thor Ind |
| CORRESPONDENCE SECTION (proposed) |
| NAME |
CHRISTOPHER R. PUTT |
| FIRM NAME |
THOR INDUSTRIES, INC. |
| INTERNAL ADDRESS |
ATTN: LEGAL DEPT |
| STREET |
601 EAST BEARDSLEY AVENUE |
| CITY |
ELKHART |
| STATE |
Indiana |
| POSTAL CODE |
46514 |
| COUNTRY |
United States |
| PHONE |
574-294-7706 |
| EMAIL |
cputt@thorindustries.com; jcastello@thorindustries.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
Thor Ind |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Christopher R. Putt/ |
| SIGNATORY'S NAME |
Christopher R. Putt |
| SIGNATORY'S POSITION |
Attorney of Record, Indiana and Michigan Bar Member |
| SIGNATORY'S PHONE NUMBER |
5742947706 |
| DATE SIGNED |
10/01/2019 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Tue Oct 01 22:47:53 EDT 2019 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XX-2
0191001224753405650-88337
706-6104c5f5f6eb2c681c122
a6d2899c0cabfe959c445139d
c46b56d127c0dd6756b-N/A-N
/A-20191001221507409499 |
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.
88337706 THOR INDUSTRIES (Stylized and/or with Design, see http://uspto.report/TM/88337706/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
The Examining Attorney has indicated the filing date of U.S. Application Serial No. 88009215 precedes applicant's filing date and that, applicant's application may be refused on the basis of Sec.
2(d) if the earlier-filed Application proceeds to registration. Applicant agrees the '215 Application conflicts with the present application. Applicant further notes that registration of the '215
Application was initially refused on the basis of Sec. 2(d) citing U.S. Reg. Nos. 1780830 (THOR) and 5053749 (THOR MOTOR COACH). Both of these Registrations are owned by the undersigned applicant,
and both Registrations contain similar marks and describe goods nearly identical, at least in part, to those in the present application. Following a response to the initial Office Action, examination
of the '215 Application was suspending pending final disposition of another application not owned by application, but in the Suspension Notice, the Examining Attorney specifically continued and
maintained the Sec. 2(d) refusal on the basis of U.S. Reg. N. 1780830 and 5053749 (both owned by applicant). Applicant agrees with this Examining Attorney's assessment that the goods described in the
'215 Application create a likelihood of confusion for Sec. 2(d) purposes with both the applicant's present application. Moreover, the applicant believes the '215 Application should likewise be
refused on Section 2(d) grounds in light of applicant's prior Registrations. Good and sufficient cause exists to suspend examination of the present application due to the prior-filed, conflicting
'215 Application pending disposition of the examination of that application. See TMEP Sec. 716, 716.02(c). Applicant therefore requests the Examining Attorney suspend further review of this
application until the disposition of U.S. Application Serial No. 88009215.
The applicant's current attorney information: CHRISTOPHER R. PUTT. CHRISTOPHER R. PUTT of THOR INDUSTRIES, INC., is located at
ATTN: LEGAL DEPT
601 EAST BEARDSLEY AVENUE
ELKHART, Indiana 46514
US
The docket/reference number is Thor Ind.
The phone number is 574-294-7706.
The email address is cputt@thorindustries.com
The applicants proposed attorney information: CHRISTOPHER R. PUTT. CHRISTOPHER R. PUTT of THOR INDUSTRIES, INC., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX,
is located at
ATTN: LEGAL DEPT
601 EAST BEARDSLEY AVENUE
ELKHART, Indiana 46514
United States
The docket/reference number is Thor Ind.
The phone number is 574-294-7706.
The email address is cputt@thorindustries.com
CHRISTOPHER R. PUTT 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: CHRISTOPHER R. PUTT. CHRISTOPHER R. PUTT of THOR INDUSTRIES, INC., is located at
ATTN: LEGAL DEPT
601 EAST BEARDSLEY AVENUE
ELKHART, Indiana 46514
US
The docket/reference number is Thor Ind.
The phone number is 574-294-7706.
The email address is cputt@thorindustries.com; jcastello@thorindustries.com
The applicants proposed correspondence information: CHRISTOPHER R. PUTT. CHRISTOPHER R. PUTT of THOR INDUSTRIES, INC., is located at
ATTN: LEGAL DEPT
601 EAST BEARDSLEY AVENUE
ELKHART, Indiana 46514
United States
The docket/reference number is Thor Ind.
The phone number is 574-294-7706.
The email address is cputt@thorindustries.com; jcastello@thorindustries.com
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use INDUSTRIES apart from the mark as shown.
SIGNATURE(S)
Response Signature
Signature: /Christopher R. Putt/ Date: 10/01/2019
Signatory's Name: Christopher R. Putt
Signatory's Position: Attorney of Record, Indiana and Michigan Bar Member
Signatory's Phone Number: 5742947706
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: CHRISTOPHER R. PUTT
THOR INDUSTRIES, INC.
ATTN: LEGAL DEPT
601 EAST BEARDSLEY AVENUE
ELKHART, Indiana 46514
Mailing Address: CHRISTOPHER R. PUTT
THOR INDUSTRIES, INC.
ATTN: LEGAL DEPT
601 EAST BEARDSLEY AVENUE
ELKHART, Indiana 46514
Serial Number: 88337706
Internet Transmission Date: Tue Oct 01 22:47:53 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019100122475340
5650-88337706-6104c5f5f6eb2c681c122a6d28
99c0cabfe959c445139dc46b56d127c0dd6756b-
N/A-N/A-20191001221507409499