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. 88374263 BASK(Standard Characters, see http://uspto.report/TM/88374263/mark.png) has been amended as follows:

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

The Examining Attorney has issued an Office Action on this application, stating that the subject trademark is confusingly similar to the mark covered by U.S. Registration No. 5999271 for BASCK (the "Cited Registration"). In response, Applicant hereby submits a Consent Agreement signed by and between Applicant and Basck Limited, the owner of the Cited Registration, agreeing to the registration of the subject trademark. As noted in the Consent Agreement, the parties believe that confusion is unlikely because, at a minimum, the respective offerings are different; the marks are different, including as to appearance and connotation; and the companies? respective consumers take great care when making purchase decisions. Additionally, and as described further in TMEP 1207.01(d)(viii), "examining attorneys should give substantial weight to a proper consent agreement." Applicant further submits that the consent agreement provided here is credible and not a naked consent. Applicant hereby respectfully requests that the Examining Attorney lift the Section 2(d) refusal and approve this application for publication.

EVIDENCE
Evidence in the nature of consent agreement between Applicant and owner of cited registration has been attached.
Original PDF file:
evi_16597322-20200614224137402177_._Basck_Consent_Agreement__signed__2020.06.09.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Correspondence Information (current):
      David A. Bell
      PRIMARY EMAIL FOR CORRESPONDENCE: ipdocketing@haynesboone.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): david.bell@haynesboone.com; katharyn.zagorin@haynesboone.com; veronica.broadway@haynesboone.com; bianca.caraveo@haynesboone.com

The docket/reference number is 20372.162.
Correspondence Information (proposed):
      David A. Bell
      PRIMARY EMAIL FOR CORRESPONDENCE: ipdocketing@haynesboone.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): david.bell@haynesboone.com; katharyn.zagorin@haynesboone.com; veronica.broadway@haynesboone.com; bianca.caraveo@haynesboone.com

The docket/reference number is 20372.162.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /David A. Bell/     Date: 06/14/2020
Signatory's Name: David A. Bell
Signatory's Position: Attorney of record, Texas bar member

Signatory's Phone Number: 214-651-5248

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:    David A. Bell
   HAYNES AND BOONE, LLP
   
   2323 VICTORY AVE; SUITE 700
   DALLAS, Texas 75219
Mailing Address:    David A. Bell
   HAYNES AND BOONE, LLP
   2323 VICTORY AVE; SUITE 700
   DALLAS, Texas 75219
        
Serial Number: 88374263
Internet Transmission Date: Sun Jun 14 22:45:11 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XX.X-202006142245119931
72-88374263-710ebbf193ada1553ba923b2b89a
8cc4f88e1ce22844e8747e326ef5b21128-N/A-N
/A-20200614224137402177