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. 88493646 RECOUP(Standard Characters, see http://uspto.report/TM/88493646/mark.png) has been amended as follows:

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

In the Office Action, the Examining Attorney has refused registration of the applied-for mark in Class 5, citing a likelihood of confusion with ELITE RECOUP, which is the subject of Registration No. 4,424,868. Applicant notes that no maintenance filing for the cited registration was made before the deadline of October 29, 2019. If no filing is made during the grace period, which concludes on April 29, 2020, the cited registration will be cancelled and will no longer be an obstacle to the subject application. Accordingly, pursuant to TMEP 716.02(e), Applicant requests that the subject application be suspended awaiting disposition of the cited registration. The Examining Attorney also cited prior-filed Application Serial No. 88/418,342 (over which Applicant has priority) as a possible obstacle. Applicant requests that the subject application be suspended pending the final disposition of this provisionally cited application. Applicant reserves the right to respond further in the event that the cited registration is maintained, and/or the provisionally cited application proceeds to registration and is cited against the subject application.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Recoup Beverage, Inc., a corporation of Delaware, having an address of
      20 W 72nd Street, Suite 1006A
      New York, New York 10023
      United States

Proposed: Recoup Beverage, Inc., a corporation of Delaware, having an address of
      20 W 72nd Street, Suite 1006A
      New York, New York 10023
      United States
      Email Address: TMClients@foleyhoag.com

The owner's/holder's current attorney information: Nicole Kinsley, Esq.. Nicole Kinsley, Esq. of FOLEY HOAG LLP, is located at

      155 SEAPORT BOULEVARD
      BOSTON, Massachusetts 02210
      United States
The docket/reference number is 36287.00003.
      The phone number is 617-832-1000.
      The fax number is 617-832-7000.
      The email address is ustrademark@foleyhoag.com

The owner's/holder's proposed attorney information: Nicole Kinsley, Esq.. Other appointed attorneys are Joshua Jarvis, Esq., Natasha Reed, Esq., Jenevieve Maerker, Esq., Jennifer Yoo, Esq.. Nicole Kinsley, Esq. of FOLEY HOAG 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

      155 SEAPORT BOULEVARD
      BOSTON, Massachusetts 02210
      United States
The docket/reference number is 36287.00003.
      The phone number is 617-832-1000.
      The fax number is 617-832-7000.
      The email address is ustrademark@foleyhoag.com

Nicole Kinsley, Esq. 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):
      NICOLE KINSLEY, ESQ.
      PRIMARY EMAIL FOR CORRESPONDENCE: ustrademark@foleyhoag.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 36287.00003.
Correspondence Information (proposed):
      Nicole Kinsley, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: ustrademark@foleyhoag.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): nkinsley@foleyhoag.com; lcasey@foleyhoag.com

The docket/reference number is 36287.00003.

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).

SIGNATURE(S)
Response Signature
Signature: /Nicole Kinsley/     Date: 03/18/2020
Signatory's Name: Nicole Kinsley, Esq.
Signatory's Position: Attorney of Record, Massachusetts Bar member

Signatory's Phone Number: 617-832-1000

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:    NICOLE KINSLEY, ESQ.
   FOLEY HOAG LLP
   
   155 SEAPORT BOULEVARD
   BOSTON, Massachusetts 02210
Mailing Address:    Nicole Kinsley, Esq.
   FOLEY HOAG LLP
   155 SEAPORT BOULEVARD
   BOSTON, Massachusetts 02210
        
Serial Number: 88493646
Internet Transmission Date: Wed Mar 18 15:57:53 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2020031815575396
3720-88493646-71049ae6877b19ec2f5159e9a5
4878c38469b81aff49d98e6f48c6d2736dc198d-
N/A-N/A-20200318152150396395