| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 77037951 |
| LAW OFFICE ASSIGNED | LAW OFFICE 103 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
Applicant respectfully disagrees that there is a likelihood of confusion between Applicant’s mark “Sweet Spot” and current trademark registration 1931904. As evidence Applicant notes that these registrations co-existed and would direct the Examiner to registration 1931904 which was owned by an affiliated entity of Applicant. The mark was inadvertently permitted to lapse as a result of the failure to file a section 9. The current application seeks only to reinstate the registration under a sister entity and as such, Applicant would respectfully argue that in light of the previous co-existence of the marks there is a strong presumption that the mark is registrable, there is no likelihood of confusion between the marks and no actual confusion based on simultaneous use to prevent such registration. Further, the objection to pending application 78420354, is believed to be void based on the abandonment in January 2007 of that application Applicant has amended the list of goods sought to be covered by the current application and accordingly argues that based on the revised goods, there is no likelihood of confusion with pending application 78470913. Additionally, per the Examiner’s request Applicant has also amended its goods, to indicate the subject matter of the magazines, to the following; “magazines in the field of Sports or Entertainment.” Conclusion On these grounds, Applicant hereby respectfully requests that the Examiner withdraw the objection of likelihood of confusion and allow Applicant’s application to proceed to publication.
Respectfully Submitted, |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME(S) |
\\TICRS2\EXPORT13\770\379 \77037951\xml1\ROA0002.JP G |
| DESCRIPTION OF EVIDENCE FILE | A print out from the USPTO of the Post Office Action, that shows the mark is cancelled. |
| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 016 |
| DESCRIPTION | |
| trading cards; greeting cards; blank cards; note cards; gift cards; business cards; occasion cards; stickers; albums for stickers; bumper stickers; sticker books; appliqués in the form of decals; adhesive labels; printed paper labels; printed matter; namely magazines; comic books; comic strips; cartoon prints; newspaper cartoons; coloring books; children's books; children's activity books; notebooks; composition books; scrapbooks; photo albums; binders; stationery; writing journals; posters; packaging; namely blister cards; postcards; desk calendars; desk pads and desk top organizers; bookmarks; calendars; pen cases; pencil cases; lunch bags; temporary body tattoos | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 02/01/2001 |
| FIRST USE IN COMMERCE DATE | At least as early as 02/01/2001 |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 016 |
| DESCRIPTION | |
| trading cards; stickers; bumper stickers; appliques in the form of decals; printed matter; namely advertisement; banners; magazines in the field of sports or entertainment; comic strips; cartoon prints; newspaper cartoons; catalogs in the field of sports or entertainment; brochures in the field of sports or entertainment; photographs; posters; packaging; namely blister cards; temporary body tattoos. | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 02/01/2001 |
| FIRST USE IN COMMERCE DATE | At least as early as 02/01/2001 |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Nina Ringel/ |
| SIGNATORY'S NAME | Nina Ringel |
| SIGNATORY'S POSITION | Attorney for Applicant |
| DATE SIGNED | 07/31/2007 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue Jul 31 21:02:47 EDT 2007 |
| TEAS STAMP | USPTO/ROA-XXX.X.XXX.XXX-2 0070731210247872391-77037 951-380fb5ebf196545c8f6f0 f6f4646df81e-N/A-N/A-2007 0731204257587264 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
Applicant respectfully disagrees that there is a likelihood of confusion between Applicant’s mark “Sweet Spot” and current trademark registration 1931904. As evidence Applicant notes that these registrations co-existed and would direct the Examiner to registration 1931904 which was owned by an affiliated entity of Applicant. The mark was inadvertently permitted to lapse as a result of the failure to file a section 9. The current application seeks only to reinstate the registration under a sister entity and as such, Applicant would respectfully argue that in light of the previous co-existence of the marks there is a strong presumption that the mark is registrable, there is no likelihood of confusion between the marks and no actual confusion based on simultaneous use to prevent such registration.
Further, the objection to pending application 78420354, is believed to be void based on the abandonment in January 2007 of that application
Applicant has amended the list of goods sought to be covered by the current application and accordingly argues that based on the revised goods, there is no likelihood of confusion with pending application 78470913. Additionally, per the Examiner’s request Applicant has also amended its goods, to indicate the subject matter of the magazines, to the following; “magazines in the field of Sports or Entertainment.”
Conclusion
On these grounds, Applicant hereby respectfully requests that the Examiner withdraw the objection of likelihood of confusion and allow Applicant’s application to proceed to publication.
Respectfully Submitted,
