TEAS Request Reconsideration after FOA

PTO Form (Rev 4/2000)

OMB No. 0651-.... (Exp. 08/31/2004)

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PTO Form (Rev 4/2000)

OMB No. 0651-.... (Exp. 08/31/2004)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 77658163 has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

There is a pending 2(d) refusal over registration no. 0546396 for MISS PEEP.  Applicant has now filed a cancellation petition, no. 92052653, against the cited mark.  Accordingly, this application should be suspended pending the outcome of the cancellation action.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Toys, namely, plush toys in the shape of a bunny, plush toys in the shape of a chick, bath toys in the shape of a chick, wind up toys in the shape of a chick, toy stamps in the shape of a chick, play figures in the form of sponges in the shape of a chick, flying discs, jump ropes, gift baskets containing toys, egg decorating kits, hobby craft kits, toy cookware
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/01/2004 and first used in commerce at least as early as 02/01/2004, and is now in use in such commerce.

Proposed: Class 028 for Toys, namely, plush toys in the shape of a bunny, plush toys in the shape of a chick, bath toys in the shape of a chick, wind up toys in the shape of a chick, toy stamps in the shape of a chick, play figures in the form of sponges in the shape of a chick, flying discs, jump ropes, gift baskets containing plush toys, toy cookware
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/01/2004 and first used in commerce at least as early as 02/01/2004, and is now in use in such commerce.
ADDITIONAL STATEMENTS
Claim of Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 1219337 and 2229060.

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /bsl/     Date: 07/01/2010
Signatory's Name: Bruce S. Londa
Signatory's Position: Attorney of record, NY bar member

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 77658163
Internet Transmission Date: Thu Jul 01 13:31:44 EDT 2010
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XX-2010070113314491
8257-77658163-46050c0b8e8e15bc7b5ffef47f
d7b4fd6cd-N/A-N/A-20100701132852877318