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. 88411125 ONWARD(Standard Characters, see http://uspto.report/TM/88411125/mark.png) has been amended as follows:

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

Refusal - Likelihood of Confusion: Registration of the applied-for mark has been refused based on an alleged likelihood of confusion with the marks set forth in Reg. Nos. 3038903 and 3573119. With respect to Reg. No. 3038903, Applicant avers that the athletic wear set forth in the instant application is not closely related to the department store apparel set forth in this registration. For there to be a likelihood of confusion, the test is whether the goods appeal to the same market and not whether they resemble each other physically or whether a word can be found to describe the goods of the parties. Harvey Hubbell Inc. v. Tokyo Seimitsu Co., Ltd., 188 USPQ 517, 520 (TTAB 1975). With respect to Reg. No. 3573119, Applicant avers that the goods set forth in this registration are not related to any of the goods set forth in the instant application. The assignment of Reg. Nos. 5121885 and 5652366 to Applicant has been recorded with the Assignment Branch. Applicant has submitted a claim of ownership with respect to these registrations.

The applicant's current attorney information: James R Menker. James R Menker of HOLLEY & MENKER, PA, is located at

      PO BOX 331937
      ATLANTIC BEACH, Florida 32233
      US
The docket/reference number is 3344.0010.

The phone number is 904-247-2620.

The fax number is 2022801177.

The email address is eastdocket@holleymenker.com

The applicants proposed attorney information: James R Menker. Other appointed attorneys are Gabrielle A. Holley; Ryan S. Hilbert; and Amy C. Menker. James R Menker of Holley & Menker, PA, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      PO Box 331937
      Atlantic Beach, Florida 32233
      United States
The docket/reference number is 3344.0010.

The phone number is 904-247-2620.

The fax number is 2022801177.

The email address is eastdocket@holleymenker.com

James R Menker 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: JAMES R MENKER. JAMES R MENKER of HOLLEY & MENKER, PA, is located at

      PO BOX 331937
      ATLANTIC BEACH, Florida 32233
      US
The docket/reference number is 3344.0010.

The phone number is 904-247-2620.

The fax number is 2022801177.

The email address is eastdocket@holleymenker.com

The applicants proposed correspondence information: James R Menker. James R Menker of Holley & Menker, PA, is located at

      PO Box 331937
      Atlantic Beach, Florida 32233
      United States
The docket/reference number is 3344.0010.

The phone number is 904-247-2620.

The fax number is 2022801177.

The email address is eastdocket@holleymenker.com

ADDITIONAL STATEMENTS
Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5121885 and 5652366.


SIGNATURE(S)
Response Signature
Signature: /jmenker/     Date: 01/21/2020
Signatory's Name: James R Menker
Signatory's Position: Attorney of record, Florida bar member

Signatory's Phone Number: 9042472620

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:    JAMES R MENKER
   HOLLEY & MENKER, PA
   
   PO BOX 331937
   ATLANTIC BEACH, Florida 32233
Mailing Address:    James R Menker
   Holley & Menker, PA
   PO Box 331937
   Atlantic Beach, Florida 32233
        
Serial Number: 88411125
Internet Transmission Date: Tue Jan 21 16:21:28 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202001211621287
22964-88411125-70078701c64b3f0d468eb8add
54771514fda542fd92c7971ec782ab4739639df9
0-N/A-N/A-20200121161929904671