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. 88468993 RENEW (Stylized and/or with Design, see http://uspto.report/TM/88468993/mark.png) has been amended as follows:

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

In response to the Office Action of 3 September 2019, Applicant submits the following; (1) Request for Amendment of Description of the Mark. In response to the Examining Attorney's request, Applicant has amended the Description of the Mark to read: The mark consists of the word "RENEW" in blue text with a block capital letter. A blue three quarter circle surrounds the first two letters "R" and "E" and enclosing, but not touching, the top and bottom of the first left line of the letter "N". It is respectfully submitted that the Description of the Mark, as amended, accurately identifies all literal and design elements and acceptance is respectfully urged. (2) Likelihood of Confusion. The Examining Attorney has noted the presence of pending Application Nos. 88/425671 and 87/908905 for the marks RENEW and RENEW as potential bars to registration, should the foregoing applications mature to registration. Applicant notes that Serial No. 87/908905 is now listed as being abandoned as the owner failed to file a response to Office Action by the 6 December 2019 deadline. In view of the abandonment of the foregoing application, Applicant respectfully requests the withdrawal of this notation. Regarding pending Application No. 88/425671, that application for the mark RENEW is currently subject of an Office Action dated 21 October 2019, refusing registration on account of an earlier registered mark under Section 2(d), an indefinite description of the goods, the mark being descriptive under Section 2(e), and multiple refusals under the Controlled Substances Act and the Food Drug and Cosmetic Act as it relates to cannabis products. In addition, Applicant respectfully submits that there is no likelihood of confusion between the respective marks, and that after all amendments are made in the noted application, and IF the prior pending application survives the Office Action, Applicant contends that any Section 2(d) refusal should be withdrawn on account of both differences in the marks as a whole (including design elements), and differences in the goods covered (as Applicant's mark covers nutritional supplements - goods absent from the noted mark). However, given the fact that the foregoing noted application remains pending, Applicant defers offering any further arguments or evidence in support of its position until the disposition of the noted application becomes fully apparent. In view of the foregoing, it is respectfully requested that the likelihood of confusion refusal be withdrawn and that the subject application be approved for publication. Further and favorable action in connection with this application is earnestly solicited.

The owner's/holder's proposed attorney information Christopher D. Olszyk, Jr.. Other appointed attorneys are Michael J. Leonard. Christopher D. Olszyk, Jr. of Fox Rothschild 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

      997 Lenox Drive, Bldg. 3
      Lawrenceville, New Jersey 08648-2311
      United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is 191529.00001.
      The phone number is 2152992081.
      The fax number is 6098961469.
      The email address is ipdocket@foxrothschild.com

Christopher D. Olszyk, Jr. 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.Correspondence Information (current):
      TOTAL NMN PTE. LTD.
      PRIMARY EMAIL FOR CORRESPONDENCE: mnovak@allbluecapital.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dcookson@allbluecapital.com
Correspondence Information (proposed):
      Christopher D. Olszyk, Jr.
      PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@foxrothschild.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): colszyk@foxrothschild.com

The docket/reference number is 191529.00001.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the word "RENEW" in blue text with a block capital letter. A blue three quarter circle surrounds the first two letters "R" and "E" and enclosing, but not touching, the top and bottom of the first left line of the letter "N".

SIGNATURE(S)
Response Signature
Signature: /CDO/     Date: 03/02/2020
Signatory's Name: Christopher D. Olszyk, Jr.
Signatory's Position: Attorney of Record, PA Bar Member

Signatory's Phone Number: 2152992081

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:    TOTAL NMN PTE. LTD.
   TOTAL NMN PTE. LTD.
   GOLDHILL PLAZA
   7-10 /11
   SINGAPORE, 308900
Mailing Address:    Christopher D. Olszyk, Jr.
   Fox Rothschild LLP
   997 Lenox Drive, Bldg. 3
   Lawrenceville, New Jersey 08648-2311
        
Serial Number: 88468993
Internet Transmission Date: Mon Mar 02 23:08:32 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202003022308326
84770-88468993-7103dd35ec6be9b9097c6e33d
4652ce8eb061a944e3335b59adf3586d4dc1ae71
6-N/A-N/A-20200302225620030710