[E-trademarks] Not allowed to argue weak mark?

[Scott Landsbaum]

Hi All, Re-phrasing an email from last week to see if I can generate some
input here.  In response to a 2(d) refusal, I argued that the cited
registration is weak because it's used extensively in the market by
different companies for identical goods.  Thus, the minor differences
between our mark and the cited registration should be sufficient to avoid
any confusion.  The examiner rejected the argument by claiming I am
attacking the validity of the cited registration, which of course isn't
allowed in this context.  This seems to me a really off response. I'd
greatly appreciate a gut check here to see if I'm missing something in my
argument or the examiner's response.
Thanks.

Regards,
Scott

Scott Landsbaum, Inc.
323-314-7881 / f 323-714-2454
8306 Wilshire Blvd., Suite 420, Beverly Hills, CA  90211
www.scottlandsbaum.com / www.linkedin.com/in/scottlandsbaum/

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