| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
77113819 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 101 |
| MARK SECTION (no change) |
| ARGUMENT(S) |
| This response is supplemental to Applicant's previous submission, as Applicant inadvertently neglected to respond to the Examining Attorney's
Section 2(d) - Likelihood of Confusion Refusal based on prior Registration No. 2805253 for COTTON CANDY for various paper products. Applicant submits that crayons and paper for
drawing, printing, painting or writing, though both used in coloring activities are appreciably different products, and that the term COTTON CANDY would not present a likelihood of
confusion when used separately on these two products.
For the foregoing reasons, Applicant’s requested registration of COTTON CANDY should not be barred under Section 2(d) of the Lanham Act, 15 U.S.C. Section 1052(d) in view of Registration
No. 2805253 for COTTON CANDY. Applicant respectfully requests that its application be passed on to publication.
|
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Albert P. Mauro, Jr./ |
| SIGNATORY'S NAME |
Albert P. Mauro, Jr. |
| SIGNATORY'S POSITION |
Attorney of Record |
| DATE SIGNED |
09/24/2007 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Mon Sep 24 14:50:35 EDT 2007 |
| TEAS STAMP |
USPTO/ROA-XXX.XX.XX.XXX-2
0070924145035667743-77113
819-400abe5f6d4bf8508a188
4b47c44ba7ef1-N/A-N/A-200
70924144454853207 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
77113819 has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
This response is supplemental to Applicant's previous submission, as Applicant inadvertently neglected to respond to the Examining Attorney's Section 2(d) - Likelihood of Confusion Refusal based
on prior Registration No. 2805253 for COTTON CANDY for various paper products. Applicant submits that crayons and paper for drawing, printing, painting or writing, though both
used in coloring activities are appreciably different products, and that the term COTTON CANDY would not present a likelihood of confusion when used separately on these two products.
For the foregoing reasons, Applicant’s requested registration of COTTON CANDY should not be barred under Section 2(d) of the Lanham Act, 15 U.S.C. Section 1052(d) in view of Registration
No. 2805253 for COTTON CANDY. Applicant respectfully requests that its application be passed on to publication.
SIGNATURE(S)
Response Signature
Signature: /Albert P. Mauro, Jr./ Date: 09/24/2007
Signatory's Name: Albert P. Mauro, Jr.
Signatory's Position: Attorney of Record
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 applicant'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 applicant in this matter: (1) the applicant 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 applicant has filed a power of attorney
appointing him/her in this matter; or (4) the applicant'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: 77113819
Internet Transmission Date: Mon Sep 24 14:50:35 EDT 2007
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2007092414503566
7743-77113819-400abe5f6d4bf8508a1884b47c
44ba7ef1-N/A-N/A-20070924144454853207