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 1822 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Response to Suspension Inquiry or Letter of Suspension
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88368984 |
LAW OFFICE ASSIGNED |
LAW OFFICE 126 |
MARK SECTION |
MARK |
http://uspto.report/TM/88368984/mark.png |
LITERAL ELEMENT |
PRAIRIE ORGANIC |
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. |
PENDING SERIAL NUMBER(S) |
Serial number(s) 88174029 should not be used as a citation(s) under Section 2(d), in the event that said serial number(s)
mature(s) into a registration(s). The applicant hereby requests removal of this application from suspension, based on the following arguments. If the examining attorney is not persuaded by these
arguments, the applicant hereby requests that this application be returned to suspended status, awaiting ultimate disposition of the referenced serial number(s). |
ARGUMENT(S) |
The Examiner has found a potential likelihood of confusion with pending U.S. Application Serial Nos. 88174029 filed in the
name of Phillips Products Company ("Phillips"). Applicant is the parent of Phillips, and Phillips is a wholly owned subsidiary of Applicant. In support of this statement, see the attached details of
Phillips's business record as delineated on the Minnesota Secretary of State website, which is attached as a pdf file to this response. Applicant is not only the parent company of Phillips, but also
Applicant and Phillips have the same business address in Princeton, Minnesota. Accordingly, Applicant asserts that no likelihood of confusion will exist between the subject application and the prior
application owned by Phillips because unity of control exists and the relationship between Phillips and Applicant is such that their goods originate from a single source. TMEP section
1201.07(a). |
ARGUMENT FILE NAME(S) |
ORIGINAL PDF FILE |
PE_17331217158-111206987_._Phillips_-_Business_Records_Details.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\883\689\88368984\xml4\RSI0002.JPG |
ATTORNEY SECTION (current) |
NAME |
Paul E. Thomas |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
PILLSBURY WINTHROP SHAW PITTMAN LLP |
STREET |
P.O. BOX 10500 |
CITY |
MCLEAN |
STATE |
Virginia |
COUNTRY |
US |
PHONE |
650-233-4044 |
EMAIL |
docket_ip@pillsburylaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
OTHER APPOINTED ATTORNEY |
Paul E. Thomas |
ATTORNEY SECTION (proposed) |
NAME |
Paul E. Thomas |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
PILLSBURY WINTHROP SHAW PITTMAN LLP |
STREET |
P.O. BOX 10500 |
CITY |
MCLEAN |
STATE |
Virginia |
POSTAL CODE |
22102 |
COUNTRY |
United States |
PHONE |
650-233-4044 |
EMAIL |
docket_ip@pillsburylaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
CORRESPONDENCE SECTION (current) |
NAME |
PAUL E. THOMAS |
FIRM NAME |
PILLSBURY WINTHROP SHAW PITTMAN LLP |
STREET |
P.O. BOX 10500 |
CITY |
MCLEAN |
STATE |
Virginia |
COUNTRY |
US |
PHONE |
650-233-4044 |
EMAIL |
docket_ip@pillsburylaw.com; paul.thomas@pillsburylaw.com; pauledmundthomas@gmail.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
OTHER APPOINTED ATTORNEY |
Paul E. Thomas |
CORRESPONDENCE SECTION (proposed) |
NAME |
Paul E. Thomas |
FIRM NAME |
PILLSBURY WINTHROP SHAW PITTMAN LLP |
STREET |
P.O. BOX 10500 |
CITY |
MCLEAN |
STATE |
Virginia |
POSTAL CODE |
22102 |
COUNTRY |
United States |
PHONE |
650-233-4044 |
EMAIL |
docket_ip@pillsburylaw.com; paul.thomas@pillsburylaw.com; pauledmundthomas@gmail.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Paul E. Thomas/ |
SIGNATORY'S NAME |
Paul E. Thomas |
SIGNATORY'S POSITION |
Attorney of record, California bar member |
SIGNATORY'S PHONE NUMBER |
650-233-4044 |
DATE SIGNED |
01/19/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Sun Jan 19 11:35:38 EST 2020 |
TEAS STAMP |
USPTO/RSI-XXX.XX.XXX.XXX-
20200119113538025637-8836
8984-7007b872f8ae14fda1ad
d7f7c523f2031c5b8a3243ea7
44c1363ce63cbaa4044-N/A-N
/A-20200119111206987447 |
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 1822 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Response to Suspension Inquiry or Letter of Suspension
To the Commissioner for Trademarks:
Application serial no.
88368984 PRAIRIE ORGANIC(Standard Characters, see http://uspto.report/TM/88368984/mark.png) has been amended as follows:
PENDING SERIAL NUMBER(S)
Serial number(s) 88174029 should not be used as a citation(s) under Section 2(d), in the event that said serial number(s) mature(s) into a registration(s). The applicant hereby requests removal of
this application from suspension, based on the following arguments. If the examining attorney is not persuaded by these arguments, the applicant hereby requests that this application be returned to
suspended status, awaiting ultimate disposition of the referenced serial number(s).
ARGUMENT(S)
The Examiner has found a potential likelihood of confusion with pending U.S. Application Serial Nos. 88174029 filed in the name of Phillips Products Company ("Phillips"). Applicant is the parent of
Phillips, and Phillips is a wholly owned subsidiary of Applicant. In support of this statement, see the attached details of Phillips's business record as delineated on the Minnesota Secretary of
State website, which is attached as a pdf file to this response. Applicant is not only the parent company of Phillips, but also Applicant and Phillips have the same business address in Princeton,
Minnesota. Accordingly, Applicant asserts that no likelihood of confusion will exist between the subject application and the prior application owned by Phillips because unity of control exists and
the relationship between Phillips and Applicant is such that their goods originate from a single source. TMEP section 1201.07(a).
Original PDF file:
PE_17331217158-111206987_._Phillips_-_Business_Records_Details.pdf
Converted PDF file(s) (1 page)
Pending File1
The applicant's current attorney information: Paul E. Thomas. Other appointed attorneys are Paul E. Thomas. Paul E. Thomas of PILLSBURY WINTHROP SHAW PITTMAN LLP, and the attorney(s) is located
at
P.O. BOX 10500
MCLEAN, Virginia
US
The phone number is 650-233-4044.
The email address is docket_ip@pillsburylaw.com
The applicants proposed attorney information: Paul E. Thomas. Paul E. Thomas of PILLSBURY WINTHROP SHAW PITTMAN LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no.
XXX, is located at
P.O. BOX 10500
MCLEAN, Virginia 22102
United States
The phone number is 650-233-4044.
The email address is docket_ip@pillsburylaw.com
Paul E. Thomas 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: PAUL E. THOMAS. Other appointed attorneys are Paul E. Thomas. PAUL E. THOMAS of PILLSBURY WINTHROP SHAW PITTMAN LLP, and the attorney(s) is
located at
P.O. BOX 10500
MCLEAN, Virginia
US
The phone number is 650-233-4044.
The email address is docket_ip@pillsburylaw.com; paul.thomas@pillsburylaw.com; pauledmundthomas@gmail.com
The applicants proposed correspondence information: Paul E. Thomas. Paul E. Thomas of PILLSBURY WINTHROP SHAW PITTMAN LLP, is located at
P.O. BOX 10500
MCLEAN, Virginia 22102
United States
The phone number is 650-233-4044.
The email address is docket_ip@pillsburylaw.com; paul.thomas@pillsburylaw.com; pauledmundthomas@gmail.com
Response Suspension Inquiry Signature
Signature: /Paul E. Thomas/ Date: 01/19/2020
Signatory's Name: Paul E. Thomas
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 650-233-4044
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: PAUL E. THOMAS
PILLSBURY WINTHROP SHAW PITTMAN LLP
P.O. BOX 10500
MCLEAN, Virginia
Mailing Address: Paul E. Thomas
PILLSBURY WINTHROP SHAW PITTMAN LLP
P.O. BOX 10500
MCLEAN, Virginia 22102
Serial Number: 88368984
Internet Transmission Date: Sun Jan 19 11:35:38 EST 2020
TEAS Stamp: USPTO/RSI-XXX.XX.XXX.XXX-202001191135380
25637-88368984-7007b872f8ae14fda1add7f7c
523f2031c5b8a3243ea744c1363ce63cbaa4044-
N/A-N/A-20200119111206987447