| 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) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 88641124 |
| LAW OFFICE ASSIGNED | LAW OFFICE 122 |
| MARK SECTION | |
| MARK | mark |
| LITERAL ELEMENT | DEFIANCE |
| STANDARD CHARACTERS | YES |
| USPTO-GENERATED IMAGE | YES |
| MARK STATEMENT | The mark consists of standard characters, without claim to any particular font style, size or color. |
| OWNER SECTION (current) | |
| NAME | Defiance Brands, Inc. |
| INTERNAL ADDRESS | Suite 305 |
| MAILING ADDRESS | 530 Church Street |
| CITY | Nashville |
| STATE | Tennessee |
| ZIP/POSTAL CODE | 37219 |
| COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
| OWNER SECTION (proposed) | |
| NAME | Defiance Brands, Inc. |
| INTERNAL ADDRESS | Suite 305 |
| MAILING ADDRESS | 530 Church Street |
| CITY | Nashville |
| STATE | Tennessee |
| ZIP/POSTAL CODE | 37219 |
| COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
| XXXX | |
| ARGUMENT(S) | |
|
REMARKS The mark of the above-captioned application is refused registration under Section 2(d) of the US Trademark Act. By way of background, the applied-for mark DEFIANCE (in standard character form) is pending for use with, among other things, “medical adhesive tape in the nature of kinesiology tape; nutritional supplements” in International Class 10. The outstanding Office action asserts that the applied for mark is likely to be confused with the registered mark DEFIANCE (in typed form) for “knee braces for medical use.” The Office action also asserts that the marks DEFIANCE A BOLD RESISTANCE TO AGING (Ser. No. 86827933) and DEFIANCE A BOLD RESISTANCE TO AGING (Stylized) (Ser. No. 86827936), both in the name of Creative Biosciences, LLC, precede Applicant’s filing date. If one or more of the marks in the referenced applications register, Applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion with the registered mark(s). Applicant has opposed the registration of each of these marks (Opposition Nos. 91242810 and 91242713). Applicant respectfully requests that examination of the present application be suspended pending the disposition of the opposition proceedings. The mark DEFIANCE FUEL'S GAME ON (Ser. No. 87104995) is in the name of BWTC Holdings, LLC, which is affiliated with Applicant. CONCLUSION Because of the foregoing Remarks, Applicant respectfully requests that examination of the present application be suspended pending disposition of the opposition proceedings. |
|
| CORRESPONDENCE INFORMATION (current) | |
| NAME | MARTHA B. ALLARD |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | trademarks@bassberry.com |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | NOT PROVIDED |
| DOCKET/REFERENCE NUMBER | 121819.0800 |
| CORRESPONDENCE INFORMATION (proposed) | |
| NAME | Martha B. Allard |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | trademarks@bassberry.com |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | NOT PROVIDED |
| DOCKET/REFERENCE NUMBER | 121819.0800 |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Martha B. Allard/ |
| SIGNATORY'S NAME | Martha B. Allard |
| SIGNATORY'S POSITION | Attorney of Record |
| SIGNATORY'S PHONE NUMBER | 615-742-7944 |
| DATE SIGNED | 07/16/2020 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu Jul 16 11:05:21 ET 2020 |
| TEAS STAMP | USPTO/ROA-X.XX.XX.XX-2020 0716110521211123-88641124 -7404b51abfd7d6e65f57f80c 8a7f2f7893dddc9ac63551396 643d50e8771554d222-N/A-N/ A-20200716104637576000 |
| 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) |
REMARKS
The mark of the above-captioned application is refused registration under Section 2(d) of the US Trademark Act. By way of background, the applied-for mark DEFIANCE (in standard character form) is pending for use with, among other things, “medical adhesive tape in the nature of kinesiology tape; nutritional supplements” in International Class 10. The outstanding Office action asserts that the applied for mark is likely to be confused with the registered mark DEFIANCE (in typed form) for “knee braces for medical use.”
The Office action also asserts that the marks DEFIANCE A BOLD RESISTANCE TO AGING (Ser. No. 86827933) and DEFIANCE A BOLD RESISTANCE TO AGING (Stylized) (Ser. No. 86827936), both in the name of Creative Biosciences, LLC, precede Applicant’s filing date. If one or more of the marks in the referenced applications register, Applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion with the registered mark(s). Applicant has opposed the registration of each of these marks (Opposition Nos. 91242810 and 91242713). Applicant respectfully requests that examination of the present application be suspended pending the disposition of the opposition proceedings.
The mark DEFIANCE FUEL'S GAME ON (Ser. No. 87104995) is in the name of BWTC Holdings, LLC, which is affiliated with Applicant.
CONCLUSION
Because of the foregoing Remarks, Applicant respectfully requests that examination of the present application be suspended pending disposition of the opposition proceedings.