Examiners Amendment

PEEK-A-BOO BABY

TOOT SWEET TOYS, INC.

Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE

 

    SERIAL NO: 76/529061

 

    APPLICANT:         TOOT SWEET TOYS, INC.

 

      

 

*76529061*         

 

    CORRESPONDENT ADDRESS:

JOHN R. GARBER

60 WOODCREST LN.

DANBURY, CONNECTICUT 06810

 

 

RETURN ADDRESS: 

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA 22313-1451

 

 

 

If no fees are enclosed, the address should include the words "Box Responses - No Fee."

    MARK:          PEEK-A-BOO BABY

 

 

 

    CORRESPONDENT’S REFERENCE/DOCKET NO:   PL2

 

    CORRESPONDENT EMAIL ADDRESS: 

 

Please provide in all correspondence:

 

1.  Filing date, serial number, mark and

     applicant's name.

2.  Date of this Office Action.

3.  Examining Attorney's name and

     Law Office number.

4.  Your telephone number and email address.

 

 

Serial Number  76/529061

 

*RE-MAILED*

EXAMINER’S AMENDMENT

 

 The examining attorney has carefully reviewed the applicant’s arguments in favor of registration contained in its response to the second non-final Office action.

 

The examining attorney notes for the record that certain wording in the applicant’s response is unnecessarily harsh and adversarial in nature, e.g., “[t]he Examiner’s reasoning in this matter is so flawed and against all common sense that Applicant hardly knows where to begin.”[1]

 

The likelihood of confusion refusal has been withdrawn.

 

ADVISORY – AMENDMENTS TO GOODS/SERVICES:  If the identification of goods and/or services has been amended below, any future amendments must be in accordance with 37 C.F.R. §2.71(a) and TMEP §1402.07(e).

 

AMENDMENT(S) AUTHORIZED:  As authorized by TMEP section 707.02, the application is amended as noted below.  If applicant disagrees with or objects to any of the amendments below, please notify the undersigned trademark examining attorney immediately.  Otherwise, no response is necessary.  TMEP §707.

 

CLASSIFICATION OF SERVICES:  In the second non-final Office action, the examining attorney maintained the requirement that the applicant amend its classification of goods to reclassify the goods in International Class 24.   In its response to the second non-final Office action, the applicant has not entered any change to the classification of goods.  Consequently, the classification of goods has been amended from International Class 20 to International Class 24, pursuant to TMEP section 707.02.

 

CHANGE OF ADDRESS (FOR INFORMATION ONLY):  applicants may file address change correspondence via a form on TEAS.  Address changes may be performed on up to 20 cases at a time.  The Trademark Office strongly encourages applicants to use this form, available online at: http://eteas.gov.uspto.report/V2.0/ca200/WIZARD.htm

 

 

*

Trademark Attorney

Law Office 109

(571) 272-9352 phone

(571) 273-9109 fax*

*fax no. for official responses only

 



[1] Applicant’s response to second non-final Office action at page 1.

 


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