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 09/30/2020)

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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 09/30/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88792008 ELITE(Standard Characters, see http://uspto.report/TM/88792008/mark.png) has been amended as follows:

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

Dear Examiner O'Brien, In response to the Office Action dated May 4, 2020, given the Applicant?s amendment to its identification of goods, and based on the nature of the marks, confusion in the marketplace is now highly unlikely, as the goods are now entirely dissimilar. Accordingly, the Applicant respectfully requests a withdraw of the objection based on a likelihood of confusion with ELITE, Reg. No. 3608721. Applicant submitted a response that included a typographical error in referencing the wrong mark as it relates to requesting withdraw of the objection based on a likelihood of confusion. This response is filed to correct that error. Respectfully submitted, /Amy Wright/ Amy Wright

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 016 for Plastic film for packaging, palletizing and shipping
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/00/2020 and first used in commerce at least as early as 01/00/2020 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Plastic film for packaging, palletizing and shipping; Plastic film for use as palletizing material for shippingClass 016 for Plastic film for use as palletizing material for shipping
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/00/2020 and first used in commerce at least as early as 01/00/2020 , and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: FIVE POINTS FILM, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      222 N LASALLE ST., SUITE 705
      CHICAGO, Illinois 60601
      United States

Proposed: FIVE POINTS FILM, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      222 N LASALLE ST., SUITE 705
      CHICAGO, Illinois 60601
      United States
      Email Address: XXXX

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant has filed the Change Address form to comply with the domicile requirement.

Correspondence Information (current):
      AMY WRIGHT
      PRIMARY EMAIL FOR CORRESPONDENCE: efstrademarks@taftlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): awright@taftlaw.com

The docket/reference number is RIG03-00206.
Correspondence Information (proposed):
      Amy Wright
      PRIMARY EMAIL FOR CORRESPONDENCE: efstrademarks@taftlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): awright@taftlaw.com; arogers@taftlaw.com

The docket/reference number is RIG03-00206.

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: /Amy Wright/     Date: 11/04/2020
Signatory's Name: Amy Wright
Signatory's Position: Attorney of Record, IN Bar Member

Signatory's Phone Number: 13177133500

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:    AMY WRIGHT
   TAFT STETTINIUS & HOLLISTER LLP
   
   ONE INDIANA SQUARE, SUITE 3500
   INDIANAPOLIS, Indiana 46204
Mailing Address:    Amy Wright
   TAFT STETTINIUS & HOLLISTER LLP
   ONE INDIANA SQUARE, SUITE 3500
   INDIANAPOLIS, Indiana 46204
        
Serial Number: 88792008
Internet Transmission Date: Wed Nov 04 17:25:20 ET 2020
TEAS Stamp: USPTO/ROA-X.XX.XXX.X-2020110417252077702
2-88792008-7505974d4b48a554f137b9e605cec
8fa4d79eab6af76a649d1a9438fa46b6d2b086-N
/A-N/A-20201104170952711114