Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1207091
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`Filing date:
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`05/05/2022
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Ex parte appeal
`no.
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`88886981
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`Appellant
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`EWB Holdings LLC
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`Applied for mark
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`CAMBIO
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`Correspondence
`address
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`Submission
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`Attachments
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`Filer's name
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`Filer's email
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`TIMOTHY M HSIEH
`MH2 TECHNOLOGY LAW GROUP LLP
`1951 KIDWELL DRIVE
`SUITE 310
`TYSONS CORNER, DC 20006
`UNITED STATES
`Primary email: tim@mh2law.com
`Secondary email(s): doreen@mh2law.com, docketing@mh2law.com,
`eraynes@symbus.com
`703-917-0000
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`Reply brief
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`2022-05-05 - CAMBIO - Reply Brief.pdf(108054 bytes )
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`Timothy M. Hsieh
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`tim@mh2law.com, nhernandez@mh2law.com, docketing@mh2law.com,
`eraynes@symbus.com
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`Signature
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`Date
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`/Timothy M. Hsieh/
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`05/05/2022
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`In re:
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`Mark:
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`Serial Number:
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`Filing Date:
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`Examining Atty:
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`SBOX Holdings LLC (formerly EWB Holdings LLC)
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`CAMBIO
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`88886981
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`April 24, 2020
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`Verna Beth Ririe, Esq.
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`APPLICANT’S REPLY BRIEF
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`Timothy M. Hsieh, Esq.
`MH2 Technology Law Group LLP
`1951 Kidwell Drive, Suite 310
`Tysons Corner, VA 22182
`Telephone: 703-917-0000
`Email: tim@mh2law.com
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`Attorney for Applicant
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`Evan A. Raynes, Esq.
`Symbus Law Group PLLC
`1775 I Street, NW, Suite 1150
`Washington, DC 20006
`Telephone: 202-258-0652
`Email: eraynes@symbus.com
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`Of Counsel
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`In re SBOX Holdings LLC
`Application Serial No. 88886981
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`SBOX Holding LLC, by way of assignment from EWB Holdings LLC (“Applicant”),1
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`responds to the Examining Attorney's Appeal Brief as follows. Applicant believes it has
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`addressed all of the points raised in the Examining Attorney's Appeal Brief, but wishes to clarify
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`one point.
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`The Examining Attorney's Appeal Brief states that "Evidence shows that both marks are
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`conjugations of the same word in the Spanish language. See excerpts from
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`www.spanishdict.com, attached to Final Office Action of April 14, 2020 at pp. 8-9 which shows
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`that the Spanish word 'CAMBIAR' is a verb meaning 'to change' with the word 'CAMBIO' being
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`the present tense of the word and 'CAMBIARE' being the future tense of the word." However,
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`this assertion omits the fact that the CAMBIARE mark in the cited registration is an Italian word,
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`whereas the word "cambiaré" that appears on pp. 8-9 of the Final Office Action (not "cambiare,"
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`as the Examining Attorney states) is a Spanish word. The fact that the CAMBIARE mark in the
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`cited registration is an Italian word is evident from the file history of the CAMBIARE
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`registration and has not been disputed by the Examining Attorney. The file history for the cited
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`registration shows that the Examining Attorney for the underlying application presented
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`evidence that CAMBIARE means "to change" in Italian on page 2 of the Office Action dated
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`October 12, 2017, and that the applicant agreed in its Response to Office Action dated April 12,
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`2018. This conclusively establishes that the cited CAMBIARE mark is an Italian word, and as
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`Applicant's Appeal Brief indicates, this word is pronounced very differently from Applicant's
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`CAMBIO mark. Further, the Examining Attorney does not dispute or even address the stark
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`differences between the pronunciations of the Italian word CAMBIARE and the Spanish word
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`1 The assignment from EWB Holdings LLC to SBOX Holdings LLC was recorded in the records
`of the U.S. Patent and Trademark at Reel/Frame 7639/0859 on February 21, 2022.
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`- 1 -
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`In re SBOX Holdings LLC
`Application Serial No. 88886981
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`CAMBIO, and Applicant respectfully submits that these differences are sufficient to establish
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`there is no likelihood of confusion between the marks.
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`Thus, for the reasons stated above, and for the reasons stated in Applicant's Appeal Brief,
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`Applicant respectfully submits that there is no likelihood of confusion between the CAMBIO
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`and CAMBIARE trademarks and requests approval of its CAMBIO mark for publication.
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`Respectfully submitted,
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`SBOX Holdings LLC (formerly EWB Holdings LLC)
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`Date: May 5, 2022
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`By:
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` /Timothy M. Hsieh/
`Timothy M. Hsieh, Esq.
`MH2 Technology Law Group LLP
`1951 Kidwell Drive, Suite 310
`Tysons Corner, VA 22182
`Telephone: 703-917-0000
`Email: tim@mh2law.com
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`Attorney for Applicant
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`- 2 -
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