Response to Office Action

E&S PETS

E&S Pets

Response to Office Action

PTO- 1957
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 Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 90080120
LAW OFFICE ASSIGNED LAW OFFICE 115
MARK SECTION
MARK mark
LITERAL ELEMENT E&S PETS
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ARGUMENT(S)
Please see the actual argument text attached within the Evidence section.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_20681216106-202102091 63621709944_._90080120_Ev idence_File.pdf
       CONVERTED PDF FILE(S)
       (8 pages)
\\TICRS\EXPORT18\IMAGEOUT 18\900\801\90080120\xml4\ ROA0002.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\900\801\90080120\xml4\ ROA0003.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\900\801\90080120\xml4\ ROA0004.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\900\801\90080120\xml4\ ROA0005.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\900\801\90080120\xml4\ ROA0006.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\900\801\90080120\xml4\ ROA0007.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\900\801\90080120\xml4\ ROA0008.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\900\801\90080120\xml4\ ROA0009.JPG
DESCRIPTION OF EVIDENCE FILE response to the cited 2(d) confusion refusal
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use PETS apart from the mark as shown.
ATTORNEY INFORMATION (new)
NAME Christopher J. Day
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME Day Law Firm
STREET 9977 North 90th Street, Suite 155
CITY Scottsdale
STATE Arizona
POSTAL CODE 85258
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 602-258-4440
FAX 602-258-4441
EMAIL chris@daylawfirm.com
OTHER APPOINTED ATTORNEY Janna Day
CORRESPONDENCE INFORMATION (current)
NAME E&S PETS
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE esiport1@yahoo.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) notifications@trademarkengine.com
CORRESPONDENCE INFORMATION (proposed)
NAME Christopher J. Day
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE chris@daylawfirm.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
SIGNATURE SECTION
RESPONSE SIGNATURE /Christopher J. Day/
SIGNATORY'S NAME Christopher J. Day
SIGNATORY'S POSITION Attorney of record, Arizona bar member
SIGNATORY'S PHONE NUMBER 602-258-4440
DATE SIGNED 02/12/2021
ROLE OF AUTHORIZED SIGNATORY Authorized U.S.-Licensed Attorney
SIGNATURE METHOD Sent to third party for signature
FILING INFORMATION SECTION
SUBMIT DATE Fri Feb 12 14:10:49 ET 2021
TEAS STAMP USPTO/ROA-XXX.XX.XXX.XXX-
20210212141049171873-9008
0120-7607233cedbffd562a94
f4cb73ab9c844e7a7b1cb6294
bf7f980a4a9aac29bdd57-N/A
-N/A-20210209163621709944



PTO- 1957
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 Office Action


To the Commissioner for Trademarks:

Application serial no. 90080120 E&S PETS(Standard Characters, see http://uspto.report/TM/90080120/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence has been attached: response to the cited 2(d) confusion refusal
Original PDF file:
evi_20681216106-202102091 63621709944_._90080120_Ev idence_File.pdf
Converted PDF file(s) ( 8 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use PETS apart from the mark as shown.


The owner's/holder's proposed attorney information: Christopher J. Day. Other appointed attorneys are Janna Day. Christopher J. Day of Day Law Firm, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      9977 North 90th Street, Suite 155
      Scottsdale, Arizona 85258
      United States
is appointed to submit this Response to Office Action Form on behalf of the applicant.
      The phone number is 602-258-4440.
      The fax number is 602-258-4441.
      The email address is chris@daylawfirm.com

Christopher J. Day submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      E&S PETS
      PRIMARY EMAIL FOR CORRESPONDENCE: esiport1@yahoo.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): notifications@trademarkengine.com
Correspondence Information (proposed):
      Christopher J. Day
      PRIMARY EMAIL FOR CORRESPONDENCE: chris@daylawfirm.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: /Christopher J. Day/     Date: 02/12/2021
Signatory's Name: Christopher J. Day
Signatory's Position: Attorney of record, Arizona bar member

Signatory's Phone Number: 602-258-4440 Signature method: Sent to third party for signature

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:    E&S PETS
   
   
   725 BROADWAY AVE
   HOLBROOK, New York 11741
Mailing Address:    Christopher J. Day
   Day Law Firm
   9977 North 90th Street, Suite 155
   Scottsdale, Arizona 85258
        
Serial Number: 90080120
Internet Transmission Date: Fri Feb 12 14:10:49 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-202102121410491
71873-90080120-7607233cedbffd562a94f4cb7
3ab9c844e7a7b1cb6294bf7f980a4a9aac29bdd5
7-N/A-N/A-20210209163621709944


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