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)

---

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. 88939589 F5 SMARTNIC ORCHESTRATOR(Standard Characters, see http://uspto.report/TM/88939589/mark.png) has been amended as follows:

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

Examiner asserts that Applicant is required to disclaim the term "Orchestrator" from the mark on grounds that it is merely descriptive of the related goods and services. Applicant respectfully disagrees. "Orchestrator" is instead a suggestive term in the relevant industry, as it requires a consumer to take the extra mental step or make a leap of imagination to connect the myriad possible meanings of the term to the specific context of Applicant's goods and services. This is a common understanding in the relevant industry, as evidenced by other coexisting registered marks featuring the term, including but not limited to U.S. Reg. Nos. 5732609, 6059536, Applicant's own U.S. Reg. No. 5224682, and others which do not disclaim "orchestrator." Accordingly, this term does not merely describe the services and should not be the subject of a required disclaimer. Applicant respectfully requests that Examiner withdraws his request and allows the mark to proceed to publication.
Correspondence Information (current):
      Eugene Beliy
      PRIMARY EMAIL FOR CORRESPONDENCE: officeactions@azoralaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Eugene Beliy
      PRIMARY EMAIL FOR CORRESPONDENCE: officeactions@azoralaw.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: /EB/     Date: 09/04/2020
Signatory's Name: Eugene Beliy
Signatory's Position: Attorney of Record, Washington Bar Member

Signatory's Phone Number: 2069106574

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:    Eugene Beliy
   Azora Law
   
   15600 NE 8th Street Ste B1-178
   Bellevue, Washington 98008
Mailing Address:    Eugene Beliy
   Azora Law
   15600 NE 8th Street Ste B1-178
   Bellevue, Washington 98008
        
Serial Number: 88939589
Internet Transmission Date: Fri Sep 04 13:25:21 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020090413252157
5520-88939589-75016ab3c20deb4b7af37a7c54
a68c1341bb6a454cd47531c3c75fc555cfd785d5
-N/A-N/A-20200904130028685988