RESPONSE TO OFFICE ACTION

This is in response to the non-final Office Action issued on August 31, 2011 in connection

with the above-referenced application, S/N 77/808,316.

The Examining Attorney has suggested there is a likelihood of confusion between

Applicant’s mark, XXXBLACKBOOK.COM, and the BLACKBOOK27 mark in U.S. Reg.

3,926,282 formerly owned by Timothy Langan and now owned by Black27, Inc.

Applicant respectfully disagrees.

Applicant has entered into a Consent Agreement dated June 30, 2011, with Black27, Inc.,

the owner of the BLACKBOOK27 registration, U.S. 3,926,282.

In that Consent Agreement, a copy of which has been attached hereto, Black27, Inc. has

acknowledged that no likelihood of confusion will exist as a result of Applicant’s use of the mark

in the manner reflected in the pending application for the services claimed, and the parties have

agreed upon procedures to avoid any confusion in the future.

Pursuant to TMEP § 1207.01 (d) (viii), this Consent Agreement should resolve any

theoretical concerns regarding a possibility of confusion. Applicant would also note that this

Consent Agreement has previously been deemed sufficient by the USPTO with respect to

Applicant’s sister application, S/N 77/808, 211, to allow that application to proceed to registration

(U.S. Reg. 4,051,248), and Applicant claims ownership of that Registration.

Based upon the foregoing, Applicant respectfully requests that the Examining Attorney

reconsider the preliminary finding as to a likelihood of confusion which is reflected in the Office
Action, conclude that there is no likelihood of confusion based on the record in this application,

and approve Applicant’s XXXBLACKBOOK.COM mark for publication.

For the foregoing reasons it is submitted that the application, as amended, is in condition

for allowance and requests that it be approved for publication.

Respectfully submitted,

/peter_e_broadbent, jr./

Peter E. Broadbent, Jr.
Counsel for Applicant
804-697-4109

#1245865

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