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

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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. 90164898 FENIX (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9016489 8/large) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: FENIX (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9016489 8/large)
Proposed: FENIX (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of stylized black letter "F", black smaller letter "E" and larger white letters "NIX" in a black box with a portion of each letter "NIX" extending from the box in black.

EVIDENCE
Evidence has been attached: Response to Office Action; Exhibit A is a wikipedia article relevant to the listed goods; Exhibit B is a distributor site showing a list of similar goods; Exhibit C is the same distributor site showing some of Applicant's goods similar to those listed; Exhibit D is a list of google search results
Original PDF file:
evi_17388194188-202102250 80330625300_._MORSE-CA-TM -US_Response_A.pdf
Converted PDF file(s) ( 8 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8
Original PDF file:
evi_17388194188-202102250 80330625300_._Exhibit_A.pdf
Converted PDF file(s) ( 8 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8
Original PDF file:
evi_17388194188-202102250 80330625300_._Exhibit_B.pdf
Converted PDF file(s) ( 5 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5
Original PDF file:
evi_17388194188-202102250 80330625300_._Exhibit_C.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Original PDF file:
evi_17388194188-202102250 80330625300_._Exhibit_D.pdf
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3

The owner's/holder's current attorney information: David P. Dureska. David P. Dureska of DURESKA & MOORE, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      4518 FULTON DRIVE NW, SUITE 200
      CANTON, Ohio 44718
      United States
The docket/reference number is MORSECATMUS.
      The phone number is 234-209-9169.
      The fax number is 234-218-4050.
      The email address is ipdocket@dkmiplaw.com

The owner's/holder's proposed attorney information: David P. Dureska. Other appointed attorneys are Brent L. Moore, 1999 Ohio 71342; David J. Danko, 2016 Ohio 95475; Benjamin J. Chojnacki, 2017 Ohio 96573. David P. Dureska of Dureska & Moore, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      Suite 200
      4518 Fulton Drive NW
      Canton, Ohio 44718
      United States
The docket/reference number is MORSECATMUS.
      The phone number is 234-209-9169.
      The fax number is 234-218-4050.
      The email address is ipdocket@dkmiplaw.com

David P. Dureska 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):
      David P. Dureska
      PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@dkmiplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is MORSECATMUS.
Correspondence Information (proposed):
      David P. Dureska
      PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@dkmiplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is MORSECATMUS.

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: /Benjamin J. Chojnacki/     Date: 02/25/2021
Signatory's Name: Benjamin J. Chojnacki
Signatory's Position: Attorney of record, Ohio Bar member

Signatory's Phone Number: (234) 209-9169 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:    David P. Dureska
   DURESKA & MOORE, LLC
   
   4518 FULTON DRIVE NW, SUITE 200
   CANTON, Ohio 44718
Mailing Address:    David P. Dureska
   Dureska & Moore, LLC
   Suite 200
   4518 Fulton Drive NW
   Canton, Ohio 44718
        
Serial Number: 90164898
Internet Transmission Date: Thu Feb 25 08:24:49 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-202102250824490
95736-90164898-77067e5104c4589f5a0976fee
c4105b6d3da73348f1195c2c138f71ce22a7d5-N
/A-N/A-20210225080330625300