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. 88628803 ELITE(Standard Characters, see http://uspto.report/TM/88628803/mark.png) has been amended as follows:

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

Applicant respectfully requests the likelihood of confusion refusal be withdrawn in light of the presentation of the consent agreement between Applicant and the owner of the cited registration submitted herewith. Applicant notes that the deadline to seek to cancel the cited registration based on a likelihood of confusion approaches on April 28, 2020, thus respectfully requests such withdrawal in advance of that deadline.

While preserving its right to challenge any finding of a likelihood of confusion, Applicant has been actively negotiating with the owner of the application cited as a potential basis for a likelihood of confusion refusal and requests its application be suspended pending the disposition of such application.

EVIDENCE
Evidence has been attached: consent agreement
Original PDF file:
evi_7121849198-2020041013 2146827180_._Consent_Agre ement_CueStix_Elite_Licen sing_Fully_Executed.pdf
Converted PDF file(s) ( 4 pages) Evidence-1Evidence-2Evidence-3Evidence-4

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: CUESTIX, INC., DBA CUESTIX INTERNATIONAL, INC., a corporation of Colorado, having an address of

            Ste. 104      1380 Overlook Drive
      Lafayette, Colorado 80026
      United States

Proposed: CUESTIX, INC., DBA CUESTIX INTERNATIONAL, INC., a corporation of Colorado, having an address of
      Ste. 104
      1380 Overlook Drive
      Lafayette, Colorado 80026
      United States
      Email Address: XXXX
Correspondence Information (current):
      STEVE ZEMANICK
      PRIMARY EMAIL FOR CORRESPONDENCE: steve@fourreasonslegal.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Steve Zemanick
      PRIMARY EMAIL FOR CORRESPONDENCE: steve@fourreasonslegal.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

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: /SAZ/     Date: 04/10/2020
Signatory's Name: Steve Zemanick
Signatory's Position: Attorney

Signatory's Phone Number: 720.937.6599

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:    STEVE ZEMANICK
   FOUR REASONS LEGAL
   
   8074 E 34TH AVE
   DENVER, Colorado 80238
Mailing Address:    Steve Zemanick
   FOUR REASONS LEGAL
   8074 E 34TH AVE
   DENVER, Colorado 80238
        
Serial Number: 88628803
Internet Transmission Date: Fri Apr 10 13:27:33 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2020041013273341
7629-88628803-71062649952603625fde1d3fc1
3449e481849924905598be2b6fd950e997c432-N
/A-N/A-20200410132146827180