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. 90057349 WILSON(Standard Characters, see http://uspto.report/TM/90057349/mark.png) has been amended as follows:

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

This communication responds to the Office Action issued August 28, 2020 ("Office Action") regarding the application by Klei Entertainment Inc. ("Applicant") for registration of the mark WILSON ("Mark") in Class 28 ("Application"). The issues raised in the Office Action are (1) an alleged likelihood of confusion under Section 2(d) of the Trademark Act based on U.S. Reg. No. 3850139 (the “Cited Mark”); and (2) an advisory regarding duplicate U.S. Trademark Application Serial No. 87337527.

Regarding the alleged likelihood of confusion based on the Cited Mark, Applicant observes that a Section 71 Declaration was due for the Cited Mark on September 21, 2020. If the registrant fails to timely renew the registration within the grace period, then the Cited Mark will be cancelled, thus rendering the present refusal moot. Accordingly, Applicant respectfully requests suspension of the Application pending final disposition of the Cited Mark.

Regarding the duplicate U.S. Trademark Application Serial No. 87337527, the duplicate application has been abandoned.

CONCLUSION

Based upon the foregoing, Applicant submits that it has addressed each of the issues raised in the Office Action and respectfully requests that the Application be suspended pending final disposition of the Cited Mark.

Correspondence Information (current):
      PATCHEN M. HAGGERTY
      PRIMARY EMAIL FOR CORRESPONDENCE: pctrademarks@perkinscoie.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 112641-4021.
Correspondence Information (proposed):
      Patchen M. Haggerty
      PRIMARY EMAIL FOR CORRESPONDENCE: pctrademarks@perkinscoie.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 112641-4021.

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: /Patchen M Haggerty/     Date: 10/26/2020
Signatory's Name: Patchen M. Haggerty
Signatory's Position: Attorney of record, OR and WA bar member

Signatory's Phone Number: (206) 359-8000

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:    PATCHEN M. HAGGERTY
   PERKINS COIE LLP
   
   1201 THIRD AVENUE, SUITE 4900
   SEATTLE, Washington 98101
Mailing Address:    Patchen M. Haggerty
   PERKINS COIE LLP
   1201 THIRD AVENUE, SUITE 4900
   SEATTLE, Washington 98101
        
Serial Number: 90057349
Internet Transmission Date: Mon Oct 26 18:08:19 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-202010261808197
29571-90057349-7502bc938d850d91dc768615b
5f67187043284148d1794d85d80d1c5d9a84ee49
a-N/A-N/A-20201026173152756110