Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 85419606 SWEET SPOT(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85419606) has been amended as follows:

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

Please amend description of services to:

"Carribean-themed recreational lounge and hangout in family friendly environment providing games and other entertainment for patrons; wholesome homemade foods will be provided in addition to the recreational services."

In this case, there is no likelihood of confusion as the business model, theme, manner of operation, services offered, food offered and general decor, and geographic locations of the owners of Mark no. 74357383 are much different than current applicant.

The allegedly conflicting mark is simply a desert bar in a fast food style buffet restaurant.  The current applicant is a mom and pop standalone operation creating a fun filled family environment with an emphasis on creating an evironment in which family and friends can come together to play games together and enjoy each other's company.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 043 for Restaurants Services including provision of wholesome family-oriented foods made in house and the provision of family-oriented games and activities to promote a positive and fun environment for youths and their families and friends to spend time together
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Restaurants Services including provision of wholesome family-oriented foods made in house and the provision of family-oriented games and activities to promote a positive and fun environment for youths and their families and friends to spend time together; Carribean-themed recreational lounge and hangout in family friendly environment providing games and other entertainment for patrons; wholesome homemade foods will be provided in addition to the recreational services.Class 043 for Carribean-themed recreational lounge and hangout in family friendly environment providing games and other entertainment for patrons; wholesome homemade foods will be provided in addition to the recreational services.

Deleted Filing Basis: 1(b)
In International Class 043, the mark was first used at least as early as 01/01/2012 . and first used in commerce at least as early as 01/01/2012 .

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 2.44. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /Ryan Wertman/      Date: 06/25/2012
Signatory's Name: Ryan Wertman
Signatory's Position: Attorney of Record
Signatory's Phone Number: 5707781726


Response Signature
Signature: /Ryan Wertman/     Date: 06/25/2012
Signatory's Name: Ryan Wertman
Signatory's Position: Attorney of Record

Signatory's Phone Number: 5707781726

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: 85419606
Internet Transmission Date: Mon Jun 25 14:21:55 EDT 2012
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2012062514215579
5721-85419606-4902c10adeed79ca98a88b252b
ddbcf31-N/A-N/A-20120625140549173819