As mentioned in our email below, th

As mentioned in our email below, the space in arguing trademark dissimilarity between the applied-for trademark and the three cited marks is quite limited. Therefore, if we file appeal against the refusal, the only purpose is to keep the application alive. But it’s meaningless if we take no action against cited mark 2 and cited mark 3. Cited mark 3 is now still pending, thus we cannot take any action against it. Cited mark 2 is a registered trademark, but if we file non-use cancellation against it, it’s possible that we are trying to remove the obstacle to the registration of cited mark 3. That’s why we suggested taking no action now.Instead, client may consider filing a new application as back-up. If cited mark 3 is refused for registration on the goods in sub-classes 2501-2505, client may file non-use cancellation against cited mark 2, and the new back-up application will be next in line for registration. Just note the new application will probably be refused for registration first (due to citation of the existing obstacles and other similar trademarks newly filed), client may then decide whether it’s necessary to file appeal against the refusal to keep the new application alive.