Response to Office Action

HAYMAKER

Haymaker Industries LLC

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88369530
LAW OFFICE ASSIGNED LAW OFFICE 115
MARK SECTION
MARK http://uspto.report/TM/88369530/mark.png
LITERAL ELEMENT HAYMAKER
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.
ARGUMENT(S)

This responds to the Official Action issued on June 19, 2019.  This response is timely filed.

 

The Examining Attorney has initially refused registration on the basis of a perceived likelihood of confusion with the mark in Reg. No. 4,853,481.

 

Applicant notes that Reg. No. 4,853,481 has been cancelled, as of October 17, 2019, for the registrant’s default on a Petition to Cancel. 

 

Applicant requests that the Examining Attorney withdraw the objection and approve the Application for publication.

 

Respectfully submitted,

Karen S. Frank

ATTORNEY SECTION (current)
NAME Karen S. Frank
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME COBLENTZ PATCH DUFFY & BASS LLP
STREET ONE MONTGOMERY STREET, SUITE 3000
CITY SAN FRANCISCO
STATE California
POSTAL CODE 94104
COUNTRY US
PHONE 415-391-4800
FAX 415-989-1663
EMAIL tm@cpdb.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
ATTORNEY SECTION (proposed)
NAME Karen S. Frank
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME COBLENTZ PATCH DUFFY & BASS LLP
STREET ONE MONTGOMERY STREET, SUITE 3000
CITY SAN FRANCISCO
STATE California
POSTAL CODE 94104
COUNTRY United States
PHONE 415-391-4800
FAX 415-989-1663
EMAIL tm@cpdb.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (current)
NAME KAREN S. FRANK
FIRM NAME COBLENTZ PATCH DUFFY & BASS LLP
STREET ONE MONTGOMERY STREET, SUITE 3000
CITY SAN FRANCISCO
STATE California
POSTAL CODE 94104
COUNTRY US
PHONE 415-391-4800
FAX 415-989-1663
EMAIL tm@cpdb.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (proposed)
NAME Karen S. Frank
FIRM NAME COBLENTZ PATCH DUFFY & BASS LLP
STREET ONE MONTGOMERY STREET, SUITE 3000
CITY SAN FRANCISCO
STATE California
POSTAL CODE 94104
COUNTRY United States
PHONE 415-391-4800
FAX 415-989-1663
EMAIL tm@cpdb.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
SIGNATURE SECTION
RESPONSE SIGNATURE /Karen S. Frank/
SIGNATORY'S NAME Karen S. Frank
SIGNATORY'S POSITION Attorney of Record
SIGNATORY'S PHONE NUMBER 415-391-4800
DATE SIGNED 10/17/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Oct 17 14:44:42 EDT 2019
TEAS STAMP USPTO/ROA-XXX.XX.XXX.XXX-
20191017144442253593-8836
9530-61071f70d3f734d4121c
cacd422e0f48914826ee3ac13
ed4653646c279c4f5da-N/A-N
/A-20191017144049283619



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. 88369530 HAYMAKER(Standard Characters, see http://uspto.report/TM/88369530/mark.png) has been amended as follows:

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

This responds to the Official Action issued on June 19, 2019.  This response is timely filed.

 

The Examining Attorney has initially refused registration on the basis of a perceived likelihood of confusion with the mark in Reg. No. 4,853,481.

 

Applicant notes that Reg. No. 4,853,481 has been cancelled, as of October 17, 2019, for the registrant’s default on a Petition to Cancel. 

 

Applicant requests that the Examining Attorney withdraw the objection and approve the Application for publication.

 

Respectfully submitted,

Karen S. Frank



The applicant's current attorney information: Karen S. Frank. Karen S. Frank of COBLENTZ PATCH DUFFY & BASS LLP, is located at

      ONE MONTGOMERY STREET, SUITE 3000
      SAN FRANCISCO, California 94104
      US

The phone number is 415-391-4800.

The fax number is 415-989-1663.

The email address is tm@cpdb.com

The applicants proposed attorney information: Karen S. Frank. Karen S. Frank of COBLENTZ PATCH DUFFY & BASS LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      ONE MONTGOMERY STREET, SUITE 3000
      SAN FRANCISCO, California 94104
      United States

The phone number is 415-391-4800.

The fax number is 415-989-1663.

The email address is tm@cpdb.com

Karen S. Frank 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: KAREN S. FRANK. KAREN S. FRANK of COBLENTZ PATCH DUFFY & BASS LLP, is located at

      ONE MONTGOMERY STREET, SUITE 3000
      SAN FRANCISCO, California 94104
      US

The phone number is 415-391-4800.

The fax number is 415-989-1663.

The email address is tm@cpdb.com

The applicants proposed correspondence information: Karen S. Frank. Karen S. Frank of COBLENTZ PATCH DUFFY & BASS LLP, is located at

      ONE MONTGOMERY STREET, SUITE 3000
      SAN FRANCISCO, California 94104
      United States

The phone number is 415-391-4800.

The fax number is 415-989-1663.

The email address is tm@cpdb.com

SIGNATURE(S)
Response Signature
Signature: /Karen S. Frank/     Date: 10/17/2019
Signatory's Name: Karen S. Frank
Signatory's Position: Attorney of Record

Signatory's Phone Number: 415-391-4800

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:    KAREN S. FRANK
   COBLENTZ PATCH DUFFY & BASS LLP
   
   ONE MONTGOMERY STREET, SUITE 3000
   SAN FRANCISCO, California 94104
Mailing Address:    Karen S. Frank
   COBLENTZ PATCH DUFFY & BASS LLP
   ONE MONTGOMERY STREET, SUITE 3000
   SAN FRANCISCO, California 94104
        
Serial Number: 88369530
Internet Transmission Date: Thu Oct 17 14:44:42 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201910171444422
53593-88369530-61071f70d3f734d4121ccacd4
22e0f48914826ee3ac13ed4653646c279c4f5da-
N/A-N/A-20191017144049283619



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