TEAS Response to Suspension Inquiry

PTO- 1822

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1822

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 90035299 PV (Stylized and/or with Design, see http://uspto.report/TM/90035299/mark.png) has been amended as follows:
PENDING SERIAL NUMBER(S)

ARGUMENT(S)
The Examining Attorney cited Serial Nos. 88669175 (PV PRIME ADVANTAGE) and 88898403 (PV BRANDS USA YOUR SOURCE WITH THE GREATEST INTENTION) as applications with which Applicant's mark may cause a likelihood of confusion, if registered. Please note that Application Serial No. 88669175 (PV PRIME ADVANTAGE) has been abandoned. Application Serial No. 88898403 (PV BRANDS USA YOUR SOURCE WITH THE GREATEST INTENTION) covers "medical gloves; medical gowns; aerosol masks for medical use; human face protectors, namely, transparent face shields for use in the medical and dental fields; respiratory masks for medical purposes; sanitary masks for medical purposes" in Class 10. Concurrently herewith, Applicant has deleted face shields, sneeze guards, and protective shield from its application, leaving only signage, decorative boxes, and its Class 40 services. Because the remaining goods and services cannot be confused with the goods in the PV BRANDS USA YOUR SOURCE WITH THE GREATEST INTENTION application, especially in light of the considerable differences in sight, sound and meaning between the marks, Applicant asks that its application be approved for publication.
The referenced serial number(s) 88669175 has/have now abandoned/cancelled/expired. I am requesting removal of this application from suspension for consideration by the examining attorney.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Face shields, namely, protective industrial face shields; Digital signs; Luminous signs; Backlit signs; Digital signage; digital signage display panels
Original Filing Basis:
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 03/31/2020 and first used in commerce at least as early as 03/31/2020, and is now in use in such commerce.

Proposed:
Tracked Text Description: Face shields, namely, protective industrial face shields; Digital signs; Luminous signs; Backlit signs; Digital signage; digital signage display panelsClass 009 for Digital signs; Luminous signs; Backlit signs; Digital signage; digital signage display panels
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 03/31/2020 and first used in commerce at least as early as 03/31/2020, and is now in use in such commerce.

Webpage URL: None Provided
Webpage Date of Access: None Provided

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for Sneeze guards for installation on furniture; Protective shields for protecting check-out counters; Plastic shields that surround retail clerks to protect against the spread of viruses and contaminants; Wooden signboards; Plastic or wooden signs; Decorative signs, namely, signboards of wood or plastics; Decorative boxes made of wood
Original Filing Basis:
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 04/06/2020 and first used in commerce at least as early as 04/06/2020, and is now in use in such commerce.

Proposed:
Tracked Text Description: Sneeze guards for installation on furniture; Wooden signboards; Protective shields for protecting check-out counters; Plastic or wooden signs; Plastic shields that surround retail clerks to protect against the spread of viruses and contaminants; Decorative signs, namely, signboards of wood or plastics; Decorative boxes made of woodClass 020 for Wooden signboards; Plastic or wooden signs; Decorative signs, namely, signboards of wood or plastics; Decorative boxes made of wood
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 04/06/2020 and first used in commerce at least as early as 04/06/2020, and is now in use in such commerce.

Webpage URL: None Provided
Webpage Date of Access: None Provided

Correspondence Information (current):
      Elizabeth Milesnick
      PRIMARY EMAIL FOR CORRESPONDENCE: emilesnick@idealegal.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@idealegal.com; docketing@idealegal.com
Correspondence Information (proposed):
      Elizabeth Milesnick
      PRIMARY EMAIL FOR CORRESPONDENCE: emilesnick@idealegal.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): abrinfo@idealegal.com; docketing@idealegal.com; trademarks@idealegal.com

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).

Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AAU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the application or AAU filing date; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services/collective membership organization in the application or AAU; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over use of the mark in commerce as of the application or AAU filing date; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: for a trademark or service mark application, the applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Husein Kermalli/    Date: 07/12/2021
Signatory's Name: Husein Kermalli
Signatory's Position: President
Signature method: Sent to third party for signature

Response Suspension Inquiry Signature
Signature: /Milesnick, Elizabeth/     Date: 07/12/2021
Signatory's Name: Elizabeth Milesnick
Signatory's Position: Attorney of Record
Signatory's Phone Number: 5039025760
Signature method: Signed directly within the form

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:    Elizabeth Milesnick
   IdeaLegal, LLC
   
   2240 N. Interstate Ave., Suite 270
   Portland, Oregon
Mailing Address:    Elizabeth Milesnick
   IdeaLegal, LLC
   2240 N. Interstate Ave., Suite 270
   Portland, Oregon 97227
        
Serial Number: 90035299
Internet Transmission Date: Mon Jul 12 18:43:51 ET 2021
TEAS Stamp: USPTO/RSI-XX.XXX.XXX.X-20210712184351951
660-90035299-7809a21ba1b8ec42896618a5eeb
b1cd7ba7ba985ab0fa6dcd9934c8fef180c5eca-
N/A-N/A-20210712173252540195