PR-Teas-Response to Post Reg Office Act

Global Format; No Form Number (Rev 8/2009)

OMB No. 0651-0055 (Exp. 07/31/2018)

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Global Format; No Form Number (Rev 8/2009)

OMB No. 0651-0055 (Exp. 07/31/2018)

Response to Office Action for Post-Registration Matters

To the Commissioner for Trademarks:

The following is submitted for registration number. 2896141 :

FORM INFORMATION

Attorney Docket No.: 741475-64      

Mark:   KICK ASS

Registration No.: 2896141

 

REMARKS

 

This is a Response to the Post Registration Office Action issued January 9, 2014, objecting to the Section 7 Amendment submitted May 3, 2011, which amends the mark KICK ASS COFFEE to KICK ASS.

 

The Office Action states that the May 3, 2011 Section 7 is not accepted because it does not include the required supporting materials and requests, namely:

 

(1) a request to amend the mark to delete the disclaimed matter,

(2) a substitute drawing showing the amended mark, and

(3) a verified substitute specimen showing the amended mark in use in commerce for each class of goods and/or services specified in the registration.  

 

However, (2) and (3) above were in fact submitted in the May 3, 2011 Section 7 Request and are currently of record.  This was confirmed by Sharon Roberts in the Office of Post Registration during an April 10, 2014 telephone conference with Registrant’s counsel, Lauren Krupka. 

 

Ms. Roberts confirmed that all that is required to satisfy this current Office Action is to make a formal request to delete the disclaimer for the term “COFFEE,” in compliance with (1) above. Accordingly, Registrant hereby formally requests deletion of the disclaimer for “COFFEE.”

 

Because Applicant has responded to all issues raised, Applicant respectfully requests approval of the Section 7 Amendment.  Should there be any questions, Registrant’s counsel can be reached at (202) 585-8207 or (202) 585-8210.

 

Jeffrey L. Costellia

Lauren J. Krupka

Nixon Peabody LLP

401 9th Street NW

Suite 900

Washington, DC 20004-2128

P (202) 585-8000

nptm@nixonpeabody.com

SIGNATURE(S)
Declaration Signature
The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that the facts set forth in this submission are true; and that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Signature: /Lauren J. Krupka/      Date: 04/29/2014
Signatory's Name: Lauren J. Krupka
Signatory's Position: Attorney of Record, MD bar member
Signatory's Phone Number: 202-585-8210

Submission Signature
Signature: /Lauren J. Krupka/     Date: 04/29/2014
Signatory's Name: Lauren J. Krupka
Signatory's Position: Attorney of Record, MD bar member
Signatory's Phone Number: 202-585-8210

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the trademark owner's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the trademark owner in this matter: (1) the trademark owner has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the trademark owner has filed a power of attorney appointing him/her in this matter; or (4) the trademark owner's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 76377523
Internet Transmission Date:
TEAS Stamp: USPTO/TRS-XXX.XXX.XX.XXX-201404291415278
32944-2896141-20140429140457594658-N/A-N
/A-20140429140457594658