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. 88415421 INITIAL (Stylized and/or with Design, see http://uspto.report/TM/88415421/mark.png) has been amended as follows:

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

The Applicant respectfully submits that the applicant's mark is not confusingly similar to the registrant's mark. The word "initial" in the Applicant's mark carries virtually no relevant meaning by itself. The registrant's "INITIAL OUTFITTERS" carries virtually complete meaning as to the nature of the product line. Moreover, the all lower-case letters in Applicant's mark creates the impression of a less serious and less significant product line, with the attendant market focus towards the lower end of consumer affordability, whereas the registrant's words convey a totally different commercial impression, focused on a mutually exclusive consumer segment from the applicant's. This is reflected as well by the products claimed. The applicant simply seeks to sell inexpensive watches, whereas the registrant is in the much more expensive jewelry market. Applicant, therefore, respectfully submits that the registered mark and the applied-for mark do not create the same commercial impression, and that consumers are not likely to make the mistaken conclusion that the goods originate from the same source. A likelihood of confusion does not exist.

The applicant's current attorney information: Yi Wan. Yi Wan of LAW OFFICE OF YI WAN, is located at

      SUITE 800
      100 CHURCH STREET
      NEW YORK, New York 10007
      US
The docket/reference number is TM122439.

The phone number is 646-883-8008.

The email address is yi.wan@tbchadwick.com

The applicants proposed attorney information: Yi Wan. Yi Wan of ACCOLADE IP LIMITED, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      81 70 St
      brooklyn, New York 11209
      United States
The docket/reference number is ACC-TM122439.

The phone number is 9175880481.

The email address is tonyhom@live.com

Yi Wan 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: YI WAN. YI WAN of LAW OFFICE OF YI WAN, is located at

      SUITE 800
      100 CHURCH STREET
      NEW YORK, New York 10007
      US
The docket/reference number is TM122439.

The phone number is 646-883-8008.

The email address is yi.wan@tbchadwick.com

The applicants proposed correspondence information: Yi Wan. Yi Wan of ACCOLADE IP LIMITED, is located at

      81 70 St
      brooklyn, New York 11209
      United States
The docket/reference number is ACC-TM122439.

The phone number is 9175880481.

The email address is tonyhom@live.com

SIGNATURE(S)
Response Signature
Signature: /Tony C. Hom/     Date: 12/22/2019
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.

Mailing Address:    YI WAN
   LAW OFFICE OF YI WAN
   SUITE 800
   100 CHURCH STREET
   NEW YORK, New York 10007
Mailing Address:    Yi Wan
   ACCOLADE IP LIMITED
   81 70 St
   brooklyn, New York 11209
        
Serial Number: 88415421
Internet Transmission Date: Sun Dec 22 19:12:32 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201912221912327
78251-88415421-700f1f741fee1faabca4f4af1
7956c65ae4911dca621f51a619794fa2dffe0-N/
A-N/A-20191222184833548423