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 |
88410148 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 105 |
| MARK SECTION |
| MARK FILE NAME |
http://uspto.report/TM/88410148/mark.png |
| LITERAL ELEMENT |
FLORIAN |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
| ARGUMENT(S) |
| Dear Counselor O'Brien, I submit that Applicant's mark would not likely be confused with Registration 2894394 since the classes of goods are
unrelated (Class 14 v. Class 3). Moreover, an ordinary reasonable consumer would not likely confuse Applicant's products (jewellery and watches) with Registrant's products (shampoo and lip sealers).
The products would not typically be co-located in any proximity that would result in confusion. Similarly, Applicant's mark would not likely be confused with Registration 5122251 since the classes of
goods are unrelated as well (Class 14 v. Class 18). Moreover, an ordinary reasonable consumer would not likely confuse Applicant's products (jewellery and watches) with Registrant's products
(handbags). The products would not typically be co-located in any proximity that would result in confusion. The word "Florian" has no more relevant meaning for handbags or shampoos as for Applicant's
products of jewellery. Respectfully submitted, Tony Hom, Esq. |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Tony C. Hom/ |
| SIGNATORY'S NAME |
Tony C. Hom |
| SIGNATORY'S POSITION |
Attorney of record, New York bar member |
| SIGNATORY'S PHONE NUMBER |
9175880481 |
| DATE SIGNED |
01/10/2020 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Fri Jan 10 10:09:43 EST 2020 |
| TEAS STAMP |
USPTO/ROA-XXXX:XXXX:XXXX:
XXXX:XXXX:XXXX:XXXX:XXXX-
20200110100943858957-8841
0148-700838a2042cbfa977e4
5128f50b17caf6b9df431c23c
9bf1d440da7c57bfaca0-N/A-
N/A-20200110093413641075 |
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.
88410148 FLORIAN (Stylized and/or with Design, see http://uspto.report/TM/88410148/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Dear Counselor O'Brien, I submit that Applicant's mark would not likely be confused with Registration 2894394 since the classes of goods are unrelated (Class 14 v. Class 3). Moreover, an ordinary
reasonable consumer would not likely confuse Applicant's products (jewellery and watches) with Registrant's products (shampoo and lip sealers). The products would not typically be co-located in any
proximity that would result in confusion. Similarly, Applicant's mark would not likely be confused with Registration 5122251 since the classes of goods are unrelated as well (Class 14 v. Class 18).
Moreover, an ordinary reasonable consumer would not likely confuse Applicant's products (jewellery and watches) with Registrant's products (handbags). The products would not typically be co-located
in any proximity that would result in confusion. The word "Florian" has no more relevant meaning for handbags or shampoos as for Applicant's products of jewellery. Respectfully submitted, Tony Hom,
Esq.
SIGNATURE(S)
Response Signature
Signature: /Tony C. Hom/ Date: 01/10/2020
Signatory's Name: Tony C. Hom
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 9175880481
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: 88410148
Internet Transmission Date: Fri Jan 10 10:09:43 EST 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200110100943858957-88410148-
700838a2042cbfa977e45128f50b17caf6b9df43
1c23c9bf1d440da7c57bfaca0-N/A-N/A-202001
10093413641075