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. 85701701 ALLPLAY (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85701701) has been amended as follows:

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

Applicant wishes to call to the Examining Attorney's attention that the cited Registration No. 3177447 (the “Cited Registration”) required an Affidavit of Continued Use to be filed by November 28, 2012.  According to the records available on the Patent and Trademark Office website, no such filing was made and, as such, the Cited Registration should be cancelled in due course.  Applicant respectfully requests that further action on the application at hand be suspended pending the ultimate disposition of the Cited Registration.

SIGNATURE(S)
Response Signature
Signature: /adpeluso/     Date: 06/06/2013
Signatory's Name: Anthony D. Peluso
Signatory's Position: Attorney of record, DC bar member

Signatory's Phone Number: 202-857-6000

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: 85701701
Internet Transmission Date: Thu Jun 06 18:18:56 EDT 2013
TEAS Stamp: USPTO/ROA-XXX.X.XX.XX-201306061818566186
47-85701701-5001df128ac96ce16c9f227fbfb2
bc44458ec217fb226aa1ac381fc1fa4de4c74a-N
/A-N/A-20130531155516161946