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. 88397086 ELEMENT SMART APPLIANCE(Standard Characters, see http://uspto.report/TM/88397086/mark.png) has been amended as follows:

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

Applicant respectfully requests that the examiner suspend this application in light of the cited prior pending Application Serial No. 88/342,578, as the disposition of that application (i.e., whether it ultimately registers or goes abandoned) is likely to impact Applicant’s substantive arguments in response to the cited Registration No. 4,924,874.

The applicant hereby appoints Lee J. Eulgen. Other appointed attorneys are all other attorneys at Neal Gerber & Eisenberg LLP. Lee J. Eulgen of Neal Gerber & Eisenberg 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

      Suite 1700
      Two North LaSalle Street
      Chicago, Illinois 60602
      United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is 29334.

The phone number is 312-269-8000.

The email address is trademarks@nge.com

Lee J. Eulgen 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: ELEMENT BRAND HOLDING, LLC. ELEMENT BRAND HOLDING, LLC, is located at

      6423 CITY WEST PARKWAY
      EDEN PRAIRIE, Minnesota 55344
      US

The phone number is 952-641-6798.

The email address is david.b@ohcbrands.com; colleen.marksense@gmail.com

The applicants proposed correspondence information: Lee J. Eulgen. Lee J. Eulgen of Neal Gerber & Eisenberg LLP, is located at

      Suite 1700
      Two North LaSalle Street
      Chicago, Illinois 60602
      United States
The docket/reference number is 29334.

The phone number is 312-269-8000.

The email address is trademarks@nge.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use SMART APPLIANCE apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Ian Block/     Date: 12/11/2019
Signatory's Name: Ian J. Block
Signatory's Position: Attorney

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:    ELEMENT BRAND HOLDING, LLC
   
   
   6423 CITY WEST PARKWAY
   EDEN PRAIRIE, Minnesota 55344
Mailing Address:    Lee J. Eulgen
   Neal Gerber & Eisenberg LLP
   Suite 1700
   Two North LaSalle Street
   Chicago, Illinois 60602
        
Serial Number: 88397086
Internet Transmission Date: Wed Dec 11 15:13:05 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019121115130590
8159-88397086-700803e5376bbbdc4d2fa93019
11ff18f62ab0ddda8e67ca0fcaa7751344dbe23-
N/A-N/A-20191211132059320518