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. 88352457 OPEN EDGE SYMPOSIUM(Standard Characters, see http://uspto.report/TM/88352457/mark.png) has been amended as follows:

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

The Examiner, in his Office Action, refused registration of Applicant's application to register OPEN EDGE SYMPOSIUM (the "Mark") on the basis that a likelihood of confusion with the mark in U.S. Registration No. 2942831, for the mark OPENEDGE (the "Cited Mark") owned by Progress Software Corporation ("Registrant"). At present, Applicant is not currently aware of any actual confusion in the marketplace between Applicant's Mark and the Cited Mark. As such, Applicant reserves its right to assert any additional arguments in favor of registration that may be necessary.

The applicant's current attorney information: Deborah J. Peckham. Deborah J. Peckham of BURNS & LEVINSON LLP, is located at

      125 High Street
      BOSTON, Massachusetts 02110
      US
The docket/reference number is OMG-64943098.

The phone number is 617-345-3000.

The fax number is 617 345 3299.

The email address is trademarks@burnslev.com

The applicants proposed attorney information: Deborah J. Peckham. Other appointed attorneys are Brooke Penrose Bruce Jobse Jerry Cohen. Deborah J. Peckham of BURNS & LEVINSON LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      125 High Street
      BOSTON, Massachusetts 02110
      United States
The docket/reference number is OMG-64943098.

The phone number is 617-345-3000.

The fax number is 617 345 3299.

The email address is trademarks@burnslev.com

Deborah J. Peckham 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: DEBORAH J. PECKHAM. DEBORAH J. PECKHAM of BURNS & LEVINSON LLP, is located at

      125 High Street
      BOSTON, Massachusetts 02110
      US
The docket/reference number is OMG-64943098.

The phone number is 617-345-3000.

The fax number is 617-345-3299.

The email address is trademarks@burnslev.com

The applicants proposed correspondence information: Deborah J. Peckham. Deborah J. Peckham of BURNS & LEVINSON LLP, is located at

      125 High Street
      BOSTON, Massachusetts 02110
      United States
The docket/reference number is OMG-64943098.

The phone number is 617-345-3000.

The fax number is 617 345 3299.

The email address is trademarks@burnslev.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use SYMPOSIUM apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Deborah J Peckham/     Date: 12/09/2019
Signatory's Name: Deborah J. Peckham
Signatory's Position: Attorney of Record, Massachusetts Bar Member

Signatory's Phone Number: 617-345-3000

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:    DEBORAH J. PECKHAM
   BURNS & LEVINSON LLP
   
   125 High Street
   BOSTON, Massachusetts 02110
Mailing Address:    Deborah J. Peckham
   BURNS & LEVINSON LLP
   125 High Street
   BOSTON, Massachusetts 02110
        
Serial Number: 88352457
Internet Transmission Date: Mon Dec 09 10:46:13 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201912091046138
49998-88352457-700ea16b4e1939f0bd256f7bd
85a4a99773e4217b83e7fe7b3aecf4e8e22af-N/
A-N/A-20191209101319872851