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)

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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 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88348140 HUSH(Standard Characters, see http://uspto.report/TM/88348140/mark.png) has been amended as follows:

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

This is in response to the Office Action dated June 5, 2019.

 

Amendments:

 

Please delete class 41 in its entirety.

 

Remarks:

 

A likelihood of confusion rejection was issued in view of Reg. No. 4261156. This cited registration issued on December 18, 2012, and the June 18, 2010 grace period deadline for submitting its required Declaration of Use has now passed. Thus, this registration is no longer active, and it is respectfully requested that this rejection be withdrawn.

 

In addition, a potential likelihood of confusion was noted in view of a prior-filed application, Ser. No. 88209511, covering the mark HUSH for “entertainment services, namely, producing silent discos; entertainment services, namely, the broadcasting of silent discos”. In view of the fact that Applicant has deleted class 41 from the present application, it is submitted that no potential likelihood of confusion exists, as the cited services of producing and broadcasting silent discos are not related to restaurant and bar services, and it is requested that this application not be suspended pending registration or abandonment of the cited application.

 

It is believed that all outstanding issues have been resolved, and it is respectfully requested that this application be approved for publication. If any issues remain, the Examining Attorney is invited to contact the undersigned by telephone or email to resolve the same.

Respectfully submitted,

Joan Optican Herman

Attorney for Applicant

 

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 041 for Entertainment services in the nature of live musical performances

SIGNATURE(S)
Response Signature
Signature: /Joan Optican Herman/     Date: 07/15/2019
Signatory's Name: Joan Optican Herman
Signatory's Position: Attorney of record, Kansas and Missouri bar member

Signatory's Phone Number: 9136479050

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88348140
Internet Transmission Date: Mon Jul 15 12:53:56 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201907151253566
83036-88348140-62024c0fc9d1153d6432cd5dc
768f70e3b8c7d69d8281a3f3e3d49237e675a462
9f-N/A-N/A-20190715124434321727