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 |
88399652 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 102 |
| MARK SECTION |
| MARK |
http://uspto.report/TM/88399652/mark.png |
| LITERAL ELEMENT |
EMPIRE |
| 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 Office Action refuses registration based on a likelihood of confusion with Reg. No. 4329120. The Office Action also refuses registration based
on a possible likelihood of confusion with pending U.S. Application Serial Nos. 86667229, 88009744, 88148203, and 88205837, should they mature to registration. Applicant (Empire Spirits FL, LLC) is
the owner of U.S. Application Serial Nos. 86667229 and 88205837, accordingly, Applicant respectfully submits that these applications no longer present a potential bar to registration. U.S.
Application Serial No. 88009744 has matured into registration as U.S. Reg. No. 5854547. Applicant requests suspension of this application pending the disposition of U.S. Application Serial No.
88148203, and reserves the option to address the issue of likelihood of confusion with Reg. Nos. 4329120 and 5854547 at that time. |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Peter Kunin/ |
| SIGNATORY'S NAME |
Peter Kunin |
| SIGNATORY'S POSITION |
Attorney of record, VT bar member |
| SIGNATORY'S PHONE NUMBER |
802-846-8342 |
| DATE SIGNED |
11/19/2019 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Tue Nov 19 10:38:58 EST 2019 |
| TEAS STAMP |
USPTO/ROA-X.XX.XXX.XX-201
91119103858687234-8839965
2-700f863aadc0942897d4d88
5a93eb854bc7cc4972e36b111
2bc5ac1c6cfd85a32-N/A-N/A
-20191119085957129953 |
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.
88399652 EMPIRE(Standard Characters, see http://uspto.report/TM/88399652/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
The Office Action refuses registration based on a likelihood of confusion with Reg. No. 4329120. The Office Action also refuses registration based on a possible likelihood of confusion with pending
U.S. Application Serial Nos. 86667229, 88009744, 88148203, and 88205837, should they mature to registration. Applicant (Empire Spirits FL, LLC) is the owner of U.S. Application Serial Nos. 86667229
and 88205837, accordingly, Applicant respectfully submits that these applications no longer present a potential bar to registration. U.S. Application Serial No. 88009744 has matured into registration
as U.S. Reg. No. 5854547. Applicant requests suspension of this application pending the disposition of U.S. Application Serial No. 88148203, and reserves the option to address the issue of likelihood
of confusion with Reg. Nos. 4329120 and 5854547 at that time.
SIGNATURE(S)
Response Signature
Signature: /Peter Kunin/ Date: 11/19/2019
Signatory's Name: Peter Kunin
Signatory's Position: Attorney of record, VT bar member
Signatory's Phone Number: 802-846-8342
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: 88399652
Internet Transmission Date: Tue Nov 19 10:38:58 EST 2019
TEAS Stamp: USPTO/ROA-X.XX.XXX.XX-201911191038586872
34-88399652-700f863aadc0942897d4d885a93e
b854bc7cc4972e36b1112bc5ac1c6cfd85a32-N/
A-N/A-20191119085957129953