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. 97709380 ELITE (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9770938 0/large) has been amended as follows:

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

Applicant has filed a cancellation action against Registration No. 6,772,899 and respectfully requests suspension of this matter. It otherwise reserves its arguments at this time. With respect to the description of goods, Applicant is amendable to clarifying said description to comply with Office requirements but also wishes to reserve any amendments until the cancellation is resolved. Notwithstanding, Applicant points out that the personal transportation vehicles language has been accepted in the three attached recent registrations, suggesting acknowledgement by the USPTO that the term is recognized as a common commercial designation.

EVIDENCE

Original PDF file:
evi_65183161130-202304210 83353118548_._Trademark_E lectronic_Search_System__ TESS_.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Original PDF file:
evi_65183161130-202304210 83353118548_._Trademark_E lectronic_Search_System__ TESS__2.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Original PDF file:
evi_65183161130-202304210 83353118548_._Trademark_E lectronic_Search_System__ TESS__3.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Correspondence Information
      GEOFFREY D. AURINI
      PRIMARY EMAIL FOR CORRESPONDENCE: troymailroom@harnessip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gaurini@harnessip.com; palanglois@harnessip.com

The docket/reference number is 3191E-200161.

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: /gda/     Date: 04/21/2023
Signatory's Name: Geoffrey D. Aurini
Signatory's Position: Attorney of Record, Michigan Bar Member

Signatory's Phone Number: 248-641-1238 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:    GEOFFREY D. AURINI
   HARNESS, DICKEY & PIERCE, P.L.C.
   SUITE 200
   5445 CORPORATE DRIVE
   TROY, Michigan 48098
Mailing Address:    Geoffrey D. Aurini
   HARNESS, DICKEY & PIERCE, P.L.C.
   SUITE 200
   5445 CORPORATE DRIVE
   TROY, Michigan 48098
        
Serial Number: 97709380
Internet Transmission Date: Fri Apr 21 09:32:19 ET 2023
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202304210932198
13735-97709380-85037a5ae137fb8285e7235da
76b7e5dce6bccf1706fd6c89b1d7d7916fc2b763
b-N/A-N/A-20230421093028947948