| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
| Input Field |
Entered |
| SERIAL NUMBER | 78680794 |
| LAW OFFICE ASSIGNED | LAW OFFICE 104 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
Dear Ms. Mister:
In response to the Office Action issued on August 16, 2006 (hereinafter “Office Action”), Britney Brands, Inc. (hereinafter “Applicant”) respectfully requests reconsideration of the above-referenced Application for the mark FANTASY BRITNEY SPEARS (hereinafter the “Mark”) in view of the following Remarks hereby submitted. REMARKS
In the Office Action, the Examining Attorney has alleged that a potential likelihood of confusion with the mark shown in Application Serial No. 78/264,054 (hereinafter "Cited Application") will be created if such Cited Application proceeds on to a registration. While Applicant respectfully disagrees with the Examining Attorney’s preliminary determination regarding “likelihood of confusion”, Applicant hereby requests that the instant Application be SUSPENDED for a period of six (6) months pending the disposition of the Cited Application, and accordingly expressly reserves its right to present arguments relevant to the §2(d) objection and to address the Examiner's request to claim ownership of U.S. Registration Nos. 2,620,427; 2,302,300; and 2,491,505. CONCLUSION
Should there be any remaining questions or comments, or if there are any additional issues that can be resolved through an Examiner’s Amendment, the Examining Attorney is encouraged to telephone the undersigned at the below-referenced number. Respectfully submitted,
By: ___________/tlee/____________________ Teresa Lee Philippe Zylberg
Pryor Cashman Sherman & Flynn LLP 410 Park Avenue New York, NY 10022 Direct dial: 212 326 0831 Direct fax: 212 798 6915 tlee@pryorcashman.com
Attorneys for Britney Brands, Inc.
|
|
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /tlee/ |
| SIGNATORY'S NAME | Teresa Lee |
| SIGNATORY'S POSITION | Attorney |
| DATE SIGNED | 02/15/2007 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu Feb 15 16:48:38 EST 2007 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XX.XXX-2 0070215164838452624-78680 794-3604ea06246cf7089cd0a a1064575f29fc-N/A-N/A-200 70215164314384535 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
Dear Ms. Mister:
In response to the Office Action issued on August 16, 2006 (hereinafter “Office Action”), Britney Brands, Inc. (hereinafter “Applicant”) respectfully requests reconsideration of the above-referenced Application for the mark FANTASY BRITNEY SPEARS (hereinafter the “Mark”) in view of the following Remarks hereby submitted.
REMARKS
In the Office Action, the Examining Attorney has alleged that a potential likelihood of confusion with the mark shown in Application Serial No. 78/264,054 (hereinafter "Cited Application") will be created if such Cited Application proceeds on to a registration.
While Applicant respectfully disagrees with the Examining Attorney’s preliminary determination regarding “likelihood of confusion”, Applicant hereby requests that the instant Application be SUSPENDED for a period of six (6) months pending the disposition of the Cited Application, and accordingly expressly reserves its right to present arguments relevant to the §2(d) objection and to address the Examiner's request to claim ownership of U.S. Registration Nos. 2,620,427; 2,302,300; and 2,491,505.
CONCLUSION
Should there be any remaining questions or comments, or if there are any additional issues that can be resolved through an Examiner’s Amendment, the Examining Attorney is encouraged to telephone the undersigned at the below-referenced number.
Respectfully submitted,
By: ___________/tlee/____________________
Teresa Lee
Philippe Zylberg
Pryor Cashman Sherman & Flynn LLP
410 Park Avenue
New York, NY 10022
Direct dial: 212 326 0831
Direct fax: 212 798 6915
tlee@pryorcashman.com
Attorneys for Britney Brands, Inc.