Response to Office Action

CNGCOINS

Classical Numismatic Group, 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 88390438
LAW OFFICE ASSIGNED LAW OFFICE 123
MARK SECTION
MARK http://uspto.report/TM/88390438/mark.png
LITERAL ELEMENT CNGCOINS
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 Examiner refused registration of CNGCOINS, Serial No. 88390438, citing a likelihood of confusion with CNG, Registration No. 2304190. Applicant confirms that an assignment was filed with the USPTO Assignment Recordation Branch on September 18, 2019 (at Reel/Frame 6747/0821), assigning ownership of the cited mark (CNG, Registration No. 2304190) to Applicant, Classical Numismatic Group, LLC.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 035
DESCRIPTION
Auction services, retail and wholesale consignment services, online wholesale and retail services, and mail-order catalog services for coins and collections
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 01/01/2001
        FIRST USE IN COMMERCE DATE At least as early as 01/01/2001
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 035
TRACKED TEXT DESCRIPTION
Auction services, retail and wholesale consignment services, online wholesale and retail services, and mail-order catalog services for coins and collections; Auction services, retail and wholesale consignment store services, online wholesale and retail store services, and mail-order catalog services, all featuring coins and coin collections
FINAL DESCRIPTION
Auction services, retail and wholesale consignment store services, online wholesale and retail store services, and mail-order catalog services, all featuring coins and coin collections
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 01/01/2001
       FIRST USE IN COMMERCE DATE At least as early as 01/01/2001
SIGNATURE SECTION
RESPONSE SIGNATURE /Brian P. Gregg/
SIGNATORY'S NAME Brian P. Gregg
SIGNATORY'S POSITION Attorney of Record, PA bar member
SIGNATORY'S PHONE NUMBER 717-232-8000
DATE SIGNED 12/17/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Dec 17 11:01:12 EST 2019
TEAS STAMP USPTO/ROA-XX.XXX.XX.XX-20
191217110112353438-883904
38-700c2eb9c38644c639e4b3
7ce5a4ee2e460a9d11679e467
c1c51196368af8725c8c-N/A-
N/A-20191217095308443516



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. 88390438 CNGCOINS(Standard Characters, see http://uspto.report/TM/88390438/mark.png) has been amended as follows:

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

The Examiner refused registration of CNGCOINS, Serial No. 88390438, citing a likelihood of confusion with CNG, Registration No. 2304190. Applicant confirms that an assignment was filed with the USPTO Assignment Recordation Branch on September 18, 2019 (at Reel/Frame 6747/0821), assigning ownership of the cited mark (CNG, Registration No. 2304190) to Applicant, Classical Numismatic Group, LLC.


CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Auction services, retail and wholesale consignment services, online wholesale and retail services, and mail-order catalog services for coins and collections
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 01/01/2001 and first used in commerce at least as early as 01/01/2001 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Auction services, retail and wholesale consignment services, online wholesale and retail services, and mail-order catalog services for coins and collections; Auction services, retail and wholesale consignment store services, online wholesale and retail store services, and mail-order catalog services, all featuring coins and coin collectionsClass 035 for Auction services, retail and wholesale consignment store services, online wholesale and retail store services, and mail-order catalog services, all featuring coins and coin collections
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 01/01/2001 and first used in commerce at least as early as 01/01/2001 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Brian P. Gregg/     Date: 12/17/2019
Signatory's Name: Brian P. Gregg
Signatory's Position: Attorney of Record, PA bar member

Signatory's Phone Number: 717-232-8000

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.

        
Serial Number: 88390438
Internet Transmission Date: Tue Dec 17 11:01:12 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20191217110112353
438-88390438-700c2eb9c38644c639e4b37ce5a
4ee2e460a9d11679e467c1c51196368af8725c8c
-N/A-N/A-20191217095308443516



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