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. 88370413 SPARTAN (Stylized and/or with Design, see http://uspto.report/TM/88370413/mark.png) has been amended as follows:

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

The USPTO issued an Office Action against this application SPARTAN (and helmet logo) in Class 14 for ?watches.? Applicant has narrowed and amended the description of goods to merely "sports watches". Applicant respectfully submits that the application, with the amended goods, is not likely to cause confusion with U.S. Reg. 3313218 SPARTAN in Class 14 for the different goods of ?men's fine jewelry?. Not only are the goods clearly different, as well as their purposes, but Applicant already own co-existing US Reg. 5592786 SPARTAN (for word only) in Class 14 for ?sports watches?. If US Reg. 5592786 SPARTAN (for word only) in Class 14 for ?sports watches? is not confusingly similar to U.S. Reg. 3313218 SPARTAN in Class 14 for ?men's fine jewelry?, then the even more distinct SPARTAN (and helmet logo) in Class 14 for ?sports watches? logicially is not confusingly similar either, and in fact is logically even less so in comparison to US Reg. 5592786 SPARTAN (for word only) in Class 14 for ?sports watches?. Applicant submits this application is ready for publication. Any party or registrant that feels it might be damaged has the full and fair opportunity to oppose.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 014 for Sports watches
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/27/2018 and first used in commerce at least as early as 09/27/2018 , and is now in use in such commerce.

Proposed: Class 014 for Sports watches
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/27/2018 and first used in commerce at least as early as 09/27/2018 , and is now in use in such commerce.
The applicant's current attorney information: Peter J. Riebling. Peter J. Riebling of RIEBLING IP, PLLC, is located at

      SUITE 1025
      1717 PENNSYLVANIA AVENUE, N.W.
      WASHINGTON, District of Columbia 20006-3951
      US
The docket/reference number is 386499-00019.

The phone number is 202-631-2021.

The fax number is 2025599163.

The email address is peter.riebling@rieblinglaw.com

The applicants proposed attorney information: Peter J. Riebling. Peter J. Riebling of RIEBLING IP, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 1025
      1717 PENNSYLVANIA AVENUE, N.W.
      WASHINGTON, District of Columbia 20006-3951
      United States
The docket/reference number is 386499-00019.

The phone number is 202-631-2021.

The email address is peter.riebling@rieblinglaw.com

Peter J. Riebling 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: PETER J. RIEBLING. PETER J. RIEBLING of RIEBLING IP, PLLC, is located at

      SUITE 1025
      1717 PENNSYLVANIA AVENUE, N.W.
      WASHINGTON, District of Columbia 20006-3951
      US
The docket/reference number is 386499-00019.

The phone number is 202-631-2021.

The fax number is 2025599163.

The email address is peter.riebling@rieblinglaw.com; docketing@rieblinglaw.com; valerie.purdy-pyeron@rieblinglaw.com; File.Room@rieblinglaw.comom

The applicants proposed correspondence information: Peter J. Riebling. Peter J. Riebling of RIEBLING IP, PLLC, is located at

      SUITE 1025
      1717 PENNSYLVANIA AVENUE, N.W.
      WASHINGTON, District of Columbia 20006-3951
      United States
The docket/reference number is 386499-00019.

The phone number is 202-631-2021.

The email address is peter.riebling@rieblinglaw.com

SIGNATURE(S)
Response Signature
Signature: /peter j. riebling/     Date: 11/11/2019
Signatory's Name: PETER J. RIEBLING
Signatory's Position: Attorney of Record, Member of District of Columbia Bar

Signatory's Phone Number: 2026312021

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:    PETER J. RIEBLING
   RIEBLING IP, PLLC
   SUITE 1025
   1717 PENNSYLVANIA AVENUE, N.W.
   WASHINGTON, District of Columbia 20006-3951
Mailing Address:    Peter J. Riebling
   RIEBLING IP, PLLC
   SUITE 1025
   1717 PENNSYLVANIA AVENUE, N.W.
   WASHINGTON, District of Columbia 20006-3951
        
Serial Number: 88370413
Internet Transmission Date: Mon Nov 11 09:50:04 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201911110950043
54293-88370413-700934856a3e539a15e3cded0
d155551314ccc7bb7a31201b3c8773419e70e269
e9-N/A-N/A-20191111094025491487