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
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
88663219 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 127 |
| MARK SECTION |
| MARK |
http://uspto.report/TM/88663219/mark.png |
| LITERAL ELEMENT |
NOVATERRA |
| 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. |
| ARGUMENT(S) |
| The Examiner has issued a refusal under Section 2(d) based on a finding of a likelihood of confusion with the mark in U.S. Registration No.
2132391. U.S. Reg. No. 2132391 registered on January 27, 1998. The renewal filing for U.S. Reg. No. 2132391 was due on January 27, 2018. The grace period for the renewal filing expired on July 27,
2018. The owner of U.S. Reg. No. 2132391 did not file the renewal of the registration within the grace period. Consequently, U.S. Reg. No. 2132391 is a cancelled mark which is still listed as being
"live" on the Principal Register only because its cancellation awaits administrative processing by the USPTO. As a cancelled registration, U.S. Reg. No. 2132391 cannot be the basis of a Section 2(d)
refusal. Accordingly, Applicant respectfully requests the withdrawal of the Section 2(d) refusal from this application. |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Paul E. Thomas/ |
| SIGNATORY'S NAME |
Paul E. Thomas |
| SIGNATORY'S POSITION |
Attorney of Record, California bar member |
| SIGNATORY'S PHONE NUMBER |
6502334044 |
| DATE SIGNED |
12/12/2019 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Thu Dec 12 06:42:30 EST 2019 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XXX-2
0191212064230222536-88663
219-7006a2686b83036828b3b
54415f0362a9f8449c4aa9e3d
a015963c3d15d698243-N/A-N
/A-20191212062936376027 |
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.
88663219 NOVATERRA(Standard Characters, see http://uspto.report/TM/88663219/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
The Examiner has issued a refusal under Section 2(d) based on a finding of a likelihood of confusion with the mark in U.S. Registration No. 2132391. U.S. Reg. No. 2132391 registered on January 27,
1998. The renewal filing for U.S. Reg. No. 2132391 was due on January 27, 2018. The grace period for the renewal filing expired on July 27, 2018. The owner of U.S. Reg. No. 2132391 did not file the
renewal of the registration within the grace period. Consequently, U.S. Reg. No. 2132391 is a cancelled mark which is still listed as being "live" on the Principal Register only because its
cancellation awaits administrative processing by the USPTO. As a cancelled registration, U.S. Reg. No. 2132391 cannot be the basis of a Section 2(d) refusal. Accordingly, Applicant respectfully
requests the withdrawal of the Section 2(d) refusal from this application.
SIGNATURE(S)
Response Signature
Signature: /Paul E. Thomas/ Date: 12/12/2019
Signatory's Name: Paul E. Thomas
Signatory's Position: Attorney of Record, California bar member
Signatory's Phone Number: 6502334044
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.
Serial Number: 88663219
Internet Transmission Date: Thu Dec 12 06:42:30 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019121206423022
2536-88663219-7006a2686b83036828b3b54415
f0362a9f8449c4aa9e3da015963c3d15d698243-
N/A-N/A-20191212062936376027