throbber
From: Estrada, Linda
`
`
`
`Sent: 9/3/2014 2:07:40 PM
`
`
`
`To: TTAB EFiling
`
`
`
`CC:
`
`
`
`Subject: U.S. TRADEMARK APPLICATION NO. 85862951 - LYTNING - 00016-T0009A - Request for
`Reconsideration Denied - Return to TTAB - Message 1 of 8
`
`
`
`*************************************************
`
`Attachment Information:
`
`Count: 13
`
`Files: es-1.jpg, es-2.jpg, es-3.jpg, es-4.jpg, evsg-1.jpg, evsg-2.jpg, evsg-3.jpg, li-1.jpg, li-2.jpg, lig-1.jpg, lig-
`2.jpg, lig-3.jpg, 85862951.doc
`
`
`
`
`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`
`
`
`
`*85862951*
`
`
`
`
`
`GENERAL TRADEMARK INFORMATION:
`
`http://www.uspto.gov/trademarks/index.jsp
`
`
`
`
`
`U.S. APPLICATION SERIAL NO. 85862951
`
`
`
`MARK: LYTNING
`
`
`
`CORRESPONDENT ADDRESS:
` DAVID CHEN
`
` IP ATTORNEYS GROUP LLC
`
` 16 OXFORD RD FL 2
`
` MILFORD, CT 06460-3823
`
`
`
`APPLICANT: Columbia Insurance Company
`
`
`
`CORRESPONDENT’S REFERENCE/DOCKET NO:
`
` 00016-T0009A
`
`CORRESPONDENT E-MAIL ADDRESS:
`
`REQUEST FOR RECONSIDERATION DENIED
`
`
`
`
`
`
`
`ISSUE/MAILING DATE:
`
`
`
`

`
`The trademark examining attorney has carefully reviewed applicant’s request for reconsideration and is
`denying the request for the reasons stated below. See 37 C.F.R. §2.64(b); TMEP §§715.03(a)(2)(B),
`(a)(2)(E), 715.04(a). The requirement(s) and/or refusal(s) made final in the Office action dated July 30,
`2014 are maintained and continue to be final. See TMEP §§715.03(a)(2)(B), (a)(2)(E), 715.04(a).
`
`
`
`In the present case, applicant’s request has not resolved all the outstanding issue(s), nor does it raise a
`new issue or provide any new or compelling evidence with regard to the outstanding issue(s) in the final
`Office action. In addition, applicant’s analysis and arguments are not persuasive nor do they shed new
`light on the issues. The examining attorney provides additional third party advertising evidence and
`third party registrations, which support the refusal and the finding that the goods identified by the
`parties are related and commonly travel in the same channels of trade.
`
`
`
`Accordingly, the request is denied.
`
`
`
`The filing of a request for reconsideration does not extend the time for filing a proper response to a final
`Office action or an appeal with the Trademark Trial and Appeal Board (Board), which runs from the date
`the final Office action was issued/mailed. See 37 C.F.R. §2.64(b); TMEP §715.03, (a)(2)(B), (a)(2)(E), (c).
`
`
`
`If time remains in the six-month response period to the final Office action, applicant has the
`remainder of the response period to comply with and/or overcome any outstanding final
`requirement(s) and/or refusal(s) and/or
`to file an appeal with
`the Board.
` TMEP
`§715.03(a)(2)(B), (c). However, if applicant has already filed a timely notice of appeal with the
`Board, the Board will be notified to resume the appeal. See TMEP §715.04(a).
`
`
`
`

`
`/Linda M. Estrada/
`
`Trademark Examining Attorney
`
`Law Office 104
`
`(571) 272-9298
`
`(571) 273-9104 Fax
`
`Linda.Estrada@USPTO.gov
`
`
`
`
`
`
`
`

`
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`In your workplace, its imperative that you prevent slips and falls while protecting your employees’ feet from
`chemicals and toxic substances. At Envlro Safety Products, we know how important maintaining a safe
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`http //www.envirosafet products comfpvc—and—rubber—boots html
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`08f29f20f4 07 57 49 PM
`
`workplace is to you because its also important to us. We carry a huge selection OT WL and rubber boots that
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`Applications and Uses for Safety Bouts
`The protective boots in Enviro Safety Products’ extensive inventory are ideal for food processing, mining and
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`09f02f20l4 02 09:16 PM
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`09f02f20i4 02 09:16 PM
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`uu...=.au.= lu an array \Jl ...,u..=s uialxuii uc u.tu.i.uemeu metmy Ililuugli uic uaicui gluvca. .. alwnya ...a.m aicliac lu nave me LuirI:\l pan Ul
`safety gloves at the ready.
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