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. 88540858 ZOOX (Stylized and/or with Design, see http://uspto.report/TM/88540858/mark.png) has been amended as follows:

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

We respectfully request that this application be suspended. This is based on the fact that prior filed application with Serial No. 87845909, which has been cited as a 2(d) in the current Office Action is suspended based application No. 87148384, also owned by the Applicant.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Zoox, Inc., a corporation of Delaware, having an address of
      1149 Chess Drive
      Foster City, California 94404
      United States

Proposed: Zoox, Inc., a corporation of Delaware, having an address of
      1149 Chess Drive
      Foster City, California 94404
      United States
      Email Address: XXXX

The owner's/holder's current attorney information: Rhett V. Barney. Rhett V. Barney of LEE & HAYES, PC, is located at

      601 W. RIVERSIDE AVENUE SUITE 1400
      SPOKANE, Washington 99201
      United States
The docket/reference number is Z019-2945TMU.
      The phone number is 509-944-4642.
      The fax number is 509-323-8979.
      The email address is trademarks@leehayes.com

The owner's/holder's proposed attorney information: Rhett V. Barney. Other appointed attorneys are Daniel M. Wadkins, J. Christopher Lynch, David A. Divine, Robert A. Madayag III, Elizabeth L. Zinke, George H. Brunt, Andrew L. Eisenberg, Joshua T. Grandinetti and Ethan B. Vodde. Rhett V. Barney of LEE & HAYES, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      601 W. RIVERSIDE AVENUE SUITE 1400
      SPOKANE, Washington 99201
      United States
The docket/reference number is Z019-2945TMU.
      The phone number is 509-944-4642.
      The fax number is 509-323-8979.
      The email address is trademarks@leehayes.com

Rhett V. Barney 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):
      RHETT V. BARNEY
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@leehayes.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rhettb@leehayes.com; karig@leehayes.com

The docket/reference number is Z019-2945TMU.
Correspondence Information (proposed):
      Rhett V. Barney
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@leehayes.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rhettb@leehayes.com; karig@leehayes.com

The docket/reference number is Z019-2945TMU.

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: /Rhett Barney/     Date: 04/10/2020
Signatory's Name: Rhett V. Barney
Signatory's Position: Attorney of Record, WA State Bar Member

Signatory's Phone Number: 509-944-4642

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:    RHETT V. BARNEY
   LEE & HAYES, PC
   
   601 W. RIVERSIDE AVENUE SUITE 1400
   SPOKANE, Washington 99201
Mailing Address:    Rhett V. Barney
   LEE & HAYES, PC
   601 W. RIVERSIDE AVENUE SUITE 1400
   SPOKANE, Washington 99201
        
Serial Number: 88540858
Internet Transmission Date: Fri Apr 10 17:12:21 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2020041017122153
3806-88540858-710d318f72edd9729a3eaf9a6d
dc4446d15d2271a59eb69047663715f7ff9aa689
-N/A-N/A-20200410162146193981