TEAS Response to Suspension Inquiry

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 1822 (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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 88824112 CATALYST(Standard Characters, see http://uspto.report/TM/88824112/mark.png) has been amended as follows:

OTHER REASON
The Office had refused registration under Trademark Act section 2(d) in view of the mark shown in registration 4246683. Applicant replied and traversed the refusal with statements of fact and argument. One day later, the Office suspended the application and commented that after action on a pending application, a final action would be entered based on registration 4246683, as well as the pending application if it registers. The Office did not comment in substance on the applicant's traversal. To facilitate the Office's next review of the case, and to ensure that a complete record is available on appeal if needed, applicants respectfully submit the within Declaration of Arne Wallbrecher, who addresses the issues of similarity of goods, trade channels, and customer classes from the standpoint of a highly knowledgeable engineer in the field. Applicants respectfully request consideration of this added evidence in connection with the Office's next action or communication.
Original PDF file:
OT_1-3814272122-180342100 _._Yamaha_Guitar_Declarat ion_for_TM_Application_-_ signed_-flat.pdf
Converted PDF file(s) (14 pages)
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Correspondence Information (current):
      Christopher J. Palermo
      PRIMARY EMAIL FOR CORRESPONDENCE: nytmdpt@bakerbotts.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): christopher.palermo@bakerbotts.com
Correspondence Information (proposed):
      Christopher J. Palermo
      PRIMARY EMAIL FOR CORRESPONDENCE: nytmdpt@bakerbotts.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): christopher.palermo@bakerbotts.com

The docket/reference number is 088809.0179.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

Response Suspension Inquiry Signature
Signature: /ChristopherJPalermo/     Date: 09/18/2020
Signatory's Name: Christopher J. Palermo
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 650-353-0638

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:    Christopher J. Palermo
   Baker Botts L.L.P.
   Building One, Suite 200
   1001 Page Mill Road
   PALO ALTO, California
Mailing Address:    Christopher J. Palermo
   Baker Botts L.L.P.
   Building One, Suite 200
   1001 Page Mill Road
   PALO ALTO, California 94304-1007
        
Serial Number: 88824112
Internet Transmission Date: Fri Sep 18 18:18:21 ET 2020
TEAS Stamp: USPTO/RSI-XX.XXX.XX.XXX-2020091818182113
8211-88824112-750d6453bc6d6e71ed88c5dee3
1374590d5b48b264b3ae6a33fe8b412367c3f3f5
4-N/A-N/A-20200918180342100245