Response to Office Action

This refers to the Notice of Suspension under an Office Action dated January 8, 2005.  The Examiner has suspended Application  Serial No. 76/559678 pending the disposition of Application Serial Nos. 76345177; 78109209 and 76355490.  Examiner has also continued the 2(d) refusal for Class 28 in the citation of Registration No. 1381601.

Since there has been activity on the cited and potential cited marks Applicant wishes to narrow the issues to be dealt with by bringing certain facts to the Examiner's attention.

Serial No. 78109209 has been abandoned according to the USPTO data base and therefore this potential citation should be removed. Applicant respectfully requests such favorable action.

With regard to the 2(d) citation of Registration No. 1381601 this registration has now been cancelled by order of the TTAB concluding the matter of a Cancellation Petition under No. 92043958. Therefore the Examiner is requested to remove this registration as a citation against the subject application.

With regard to the two possibly remaining marks it is noted that Serial No. 76355490 has become Registration No. 28733175 and its Class 28 coverage is for PLAYTHINGS, TOYS, AND ACCESSORIES THEREFOR, NAMELY JUMP ROPES, YO-YOS, BUT EXCLUDING DOLLS AND DOLL ACCESSORIES, PLAYING CARDS, AND CHRISTMAS TREE DECORATIONS.  Applicant does not understand this coverage.  Applicant believes that this coverage is for jump ropes and yo-yos only but Examiner is requested to confirm so that appropriate arguments and/or amendments can be made to avoid this registration as a citation if Applicant believes this to be a way to have this citation removed.

With regard to Serial No. 76345177 this application is still pending via a recently granted third extension of time to file a statement of use. The coverage is in Class 28 and since the application has been accepted by the TMO it is clear that PIXI marks can coexist in Class 28 with the Registration No. 2873175 for PIXIE ET CIE and PIXI DUST COLLECTION under pending application Serial No. 76345177. Therefore Applicant asserts that it too can coexist with its mark PIXI in Class 28.

Applicant notes that the Examiner rejects the amended identification of goods but does not say what the rejection is. Therefore Applicant cannot make an effort to rephrase or amend unless it knows what is needed to be done.Applicant will respond to this objection when the Examiner clarifies what the objection is.

Further favorable action on this application is herewith requested.