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 |
88373818 |
LAW OFFICE ASSIGNED |
LAW OFFICE 110 |
MARK SECTION |
MARK |
http://uspto.report/TM/88373818/mark.png |
LITERAL ELEMENT |
CREST |
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) |
The Examining Attorney has refused registration under Trademark Act 2(d), 15 U.S.C. sec. 1052(d) alleging that the Applicant's CREST mark
("Applicant's Mark") when used on or in connection with the listed goods in Class 11, so resembles the earlier registration of CREST, Reg. No. 2087743 covering Class 11 goods. The Examining Attorney
contends that because of the similarity of the marks and relatedness of the goods, the Applicant's CREST application should be refused under Section 2(d). Applicant respectfully disagrees and submits
the Section 2(d) grounds for refusal should be withdrawn as the CREST mark of Registration No. 2087743 should be cancelled for failing to file necessary Section 8 and 9 Continued Use and Renewal
filings over 1.5 years ago. Specifically, Applicant notes that Registration No. 2087743 had a Section 8 Declaration of Continued Use / Section 9 Renewal deadline of 12 August 2017 (original
registration issued 12 August 2007, and first renewal issued 7 February 2007). As of Applicant's 5 April 2019 filing date, and as of the date of the instant Office Action, a Declaration of Continued
Use and Renewal under Section 8 and 9 has not been filed with the USPTO and any applicable Grace Period has expired. See attached excerpt from the USPTO's TSDR database. It is also noted in the
maintenance records for Reg. No. 2087743 that the "Required maintenance filing has not been submitted, or the timely submission has not yet been coded as a maintenance filing. If the required filing
was not submitted on or before Feb. 12, 2018, the registration will be cancelled in due course." It is now over 1.5 years later and no maintenance filing has been made. Thus, because the owner of the
Cited Mark CREST has failed to file the requisite Continued Use and Renewal documents, the registration should be cancelled. Accordingly, Applicant respectfully requests the Examining Attorney to
withdraw the citation to Reg. No. 2087743, and that the refusal of registration under Section 2(d) should be withdrawn and the subject application should be approved for publication. Further and
favorable action in connection with the application is earnestly solicited. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_21620015371-20190916102335517327_._CREST_-_OA_Exhibit_1.pdf |
CONVERTED PDF FILE(S)
(3 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\883\738\88373818\xml4\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\883\738\88373818\xml4\ROA0003.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\883\738\88373818\xml4\ROA0004.JPG |
DESCRIPTION OF EVIDENCE FILE |
Status of Reg. No. 2087743 |
ATTORNEY SECTION (current) |
NAME |
Christopher D. Olszyk, Jr. |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
FOX ROTHSCHILD LLP |
STREET |
997 LENOX DRIVE, BLDG. 3 |
CITY |
LAWRENCEVILLE |
STATE |
New Jersey |
POSTAL CODE |
08648-2311 |
COUNTRY |
US |
PHONE |
215-299-2081 |
FAX |
609.896.1469 |
EMAIL |
ipdocket@foxrothschild.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
040284.00158 |
ATTORNEY SECTION (proposed) |
NAME |
Christopher D. Olszyk, Jr. |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
Fox Rothschild LLP |
STREET |
997 Lenox Drive, Bldg. 3 |
CITY |
Lawrenceville |
STATE |
New Jersey |
POSTAL CODE |
08648-2311 |
COUNTRY |
United States |
PHONE |
215-299-2081 |
FAX |
609.896.1469 |
EMAIL |
ipdocket@foxrothschild.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
040284.00158 |
OTHER APPOINTED ATTORNEY |
Michael J. Leonard |
CORRESPONDENCE SECTION (current) |
NAME |
CHRISTOPHER D. OLSZYK, JR. |
FIRM NAME |
FOX ROTHSCHILD LLP |
STREET |
997 LENOX DRIVE, BLDG. 3 |
CITY |
LAWRENCEVILLE |
STATE |
New Jersey |
POSTAL CODE |
08648-2311 |
COUNTRY |
US |
PHONE |
215-299-2081 |
FAX |
609.896.1469 |
EMAIL |
ipdocket@foxrothschild.com; colszyk@foxrothschild.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
040284.00158 |
CORRESPONDENCE SECTION (proposed) |
NAME |
Christopher D. Olszyk, Jr. |
FIRM NAME |
Fox Rothschild LLP |
STREET |
997 Lenox Drive, Bldg. 3 |
CITY |
Lawrenceville |
STATE |
New Jersey |
POSTAL CODE |
08648-2311 |
COUNTRY |
United States |
PHONE |
215-299-2081 |
FAX |
609.896.1469 |
EMAIL |
ipdocket@foxrothschild.com; colszyk@foxrothschild.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
040284.00158 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/CDO/ |
SIGNATORY'S NAME |
Christopher D. Olszyk, Jr. |
SIGNATORY'S POSITION |
Attorney of Record, PA Bar Member |
SIGNATORY'S PHONE NUMBER |
2152992081 |
DATE SIGNED |
09/16/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Sep 16 10:32:27 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.XX-
20190916103227685617-8837
3818-610f4c1a27b7bf76c0c8
849e5e886e27a632a4bd31d99
8913c9dbd74e3ccbcbab-N/A-
N/A-20190916102335517327 |
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.
88373818 CREST(Standard Characters, see http://uspto.report/TM/88373818/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
The Examining Attorney has refused registration under Trademark Act 2(d), 15 U.S.C. sec. 1052(d) alleging that the Applicant's CREST mark ("Applicant's Mark") when used on or in connection with the
listed goods in Class 11, so resembles the earlier registration of CREST, Reg. No. 2087743 covering Class 11 goods. The Examining Attorney contends that because of the similarity of the marks and
relatedness of the goods, the Applicant's CREST application should be refused under Section 2(d). Applicant respectfully disagrees and submits the Section 2(d) grounds for refusal should be withdrawn
as the CREST mark of Registration No. 2087743 should be cancelled for failing to file necessary Section 8 and 9 Continued Use and Renewal filings over 1.5 years ago. Specifically, Applicant notes
that Registration No. 2087743 had a Section 8 Declaration of Continued Use / Section 9 Renewal deadline of 12 August 2017 (original registration issued 12 August 2007, and first renewal issued 7
February 2007). As of Applicant's 5 April 2019 filing date, and as of the date of the instant Office Action, a Declaration of Continued Use and Renewal under Section 8 and 9 has not been filed with
the USPTO and any applicable Grace Period has expired. See attached excerpt from the USPTO's TSDR database. It is also noted in the maintenance records for Reg. No. 2087743 that the "Required
maintenance filing has not been submitted, or the timely submission has not yet been coded as a maintenance filing. If the required filing was not submitted on or before Feb. 12, 2018, the
registration will be cancelled in due course." It is now over 1.5 years later and no maintenance filing has been made. Thus, because the owner of the Cited Mark CREST has failed to file the requisite
Continued Use and Renewal documents, the registration should be cancelled. Accordingly, Applicant respectfully requests the Examining Attorney to withdraw the citation to Reg. No. 2087743, and that
the refusal of registration under Section 2(d) should be withdrawn and the subject application should be approved for publication. Further and favorable action in connection with the application is
earnestly solicited.
EVIDENCE
Evidence in the nature of Status of Reg. No. 2087743 has been attached.
Original PDF file:
evi_21620015371-20190916102335517327_._CREST_-_OA_Exhibit_1.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
The applicant's current attorney information: Christopher D. Olszyk, Jr.. Christopher D. Olszyk, Jr. of FOX ROTHSCHILD LLP, is located at
997 LENOX DRIVE, BLDG. 3
LAWRENCEVILLE, New Jersey 08648-2311
US
The docket/reference number is 040284.00158.
The phone number is 215-299-2081.
The fax number is 609.896.1469.
The email address is ipdocket@foxrothschild.com
The applicants proposed attorney information: Christopher D. Olszyk, Jr.. Other appointed attorneys are Michael J. Leonard. Christopher D. Olszyk, Jr. of Fox Rothschild 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
997 Lenox Drive, Bldg. 3
Lawrenceville, New Jersey 08648-2311
United States
The docket/reference number is 040284.00158.
The phone number is 215-299-2081.
The fax number is 609.896.1469.
The email address is ipdocket@foxrothschild.com
Christopher D. Olszyk, Jr. 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: CHRISTOPHER D. OLSZYK, JR.. CHRISTOPHER D. OLSZYK, JR. of FOX ROTHSCHILD LLP, is located at
997 LENOX DRIVE, BLDG. 3
LAWRENCEVILLE, New Jersey 08648-2311
US
The docket/reference number is 040284.00158.
The phone number is 215-299-2081.
The fax number is 609.896.1469.
The email address is ipdocket@foxrothschild.com; colszyk@foxrothschild.com
The applicants proposed correspondence information: Christopher D. Olszyk, Jr.. Christopher D. Olszyk, Jr. of Fox Rothschild LLP, is located at
997 Lenox Drive, Bldg. 3
Lawrenceville, New Jersey 08648-2311
United States
The docket/reference number is 040284.00158.
The phone number is 215-299-2081.
The fax number is 609.896.1469.
The email address is ipdocket@foxrothschild.com; colszyk@foxrothschild.com
SIGNATURE(S)
Response Signature
Signature: /CDO/ Date: 09/16/2019
Signatory's Name: Christopher D. Olszyk, Jr.
Signatory's Position: Attorney of Record, PA Bar Member
Signatory's Phone Number: 2152992081
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: CHRISTOPHER D. OLSZYK, JR.
FOX ROTHSCHILD LLP
997 LENOX DRIVE, BLDG. 3
LAWRENCEVILLE, New Jersey 08648-2311
Mailing Address: Christopher D. Olszyk, Jr.
Fox Rothschild LLP
997 Lenox Drive, Bldg. 3
Lawrenceville, New Jersey 08648-2311
Serial Number: 88373818
Internet Transmission Date: Mon Sep 16 10:32:27 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201909161032276
85617-88373818-610f4c1a27b7bf76c0c8849e5
e886e27a632a4bd31d998913c9dbd74e3ccbcbab
-N/A-N/A-20190916102335517327