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. 88438258 GREYMATTER(Standard Characters, see http://uspto.report/TM/88438258/mark.png) has been amended as follows:

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

In an Office Action issued on August 7, 2019, the Examining Attorney cited prior pending application 87/979,030 GREY MATTERS DEFENSE SOLUTIONS & Design as a potential bar to registration. This prior applicaiton covers: "computer security threat analysis for protecting data; computer softwar development; data mining." Applicant respectfully requests that this citation be withdrawn as there is no likelihood of consumer confusion between Applicant's word mark GREYMATTER and the mark covered by the cited application. THE MARKS ARE DIFFERENT Applicant has applied for a one word mark without stylization or design, GREYMATTER. The potentially blocking mark GREY MATTERS DEFENSE SOLUTION & Design includes a design element, additonal words and a break between the word "Grey" and "Matters." Notably, applicant's mark is a singular coined word GREYMATTER, while the relevant portion of the potentially blocking mark is plural, "matters." THE SERVICES ARE DIFFERENT Applicant uses its GREYMATTER mark with Platform as a Service. Users log on to a secure site to use these services. The GREY MATTER DEFENSE SOLUTIONS mark is used to identify specific data protection, mining and software developent services. APPLICANT HAS PRIOR RIGHTS Applicant is the owner of valid and subsisting U.S. Reg. No. 5,070,500 RQGREYMATTER. The current application builds upon the rights already acquired by Applicant.

The applicant's current attorney information: Thomas W. Brooke. Thomas W. Brooke of HOLLAND & KNIGHT LLP, is located at

      SUITE 1100
      800 17TH STREET NW
      WASHINGTON, District of Columbia 20006
      US
The docket/reference number is 122680/4.

The phone number is 202-663-7271.

The email address is thomas.brooke@hklaw.com

The applicants proposed attorney information: Thomas W. Brooke. Other appointed attorneys are Paul F. Kilmer, Stephen J. Jeffries, Danel C. Neustadt, Cynthia A Gierhart. Thomas W. Brooke of Holland & Knight 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 1100
      800 17th Street, NW,
      Washington, District of Columbia 20006
      United States
The docket/reference number is 122680/4.

The phone number is 202-663-7271.

The email address is thomas.brooke@hklaw.com

Thomas W. Brooke 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: THOMAS W. BROOKE. THOMAS W. BROOKE of HOLLAND & KNIGHT LLP, is located at

      SUITE 1100
      800 17TH STREET NW
      WASHINGTON, District of Columbia 20006
      US
The docket/reference number is 122680/4.

The phone number is 202-663-7271.

The email address is thomas.brooke@hklaw.com

The applicants proposed correspondence information: Thomas W. Brooke. Thomas W. Brooke of Holland & Knight LLP, is located at

      Suite 1100
      800 17th Street, NW,
      Washington, District of Columbia 20006
      United States
The docket/reference number is 122680/4.

The phone number is 202-663-7271.

The email address is thomas.brooke@hklaw.com; ptdocketing@hklaw.com

SIGNATURE(S)
Response Signature
Signature: /Thomas W. Brooke/     Date: 02/07/2020
Signatory's Name: Thomas W. Brooke
Signatory's Position: Counsel

Signatory's Phone Number: 2026637271

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:    THOMAS W. BROOKE
   HOLLAND & KNIGHT LLP
   SUITE 1100
   800 17TH STREET NW
   WASHINGTON, District of Columbia 20006
Mailing Address:    Thomas W. Brooke
   Holland & Knight LLP
   Suite 1100
   800 17th Street, NW,
   Washington, District of Columbia 20006
        
Serial Number: 88438258
Internet Transmission Date: Fri Feb 07 14:55:00 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-202002071455006
19832-88438258-70053293a58e281047c51230a
1a49b201192cab98297f63ffc4a8c3184f5cbf08
b-N/A-N/A-20200207141909279721