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. 85729183 KINFOLK(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85729183) has been amended as follows:

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

In the Notice of Suspension dated December 20, 2012, the Examining Attorney suspended action on the subject application pending the disposition of Application Serial No. 85547617.

The Applicant would like to now advise the Examining Attorney that the owner of Serial No. 85547617 and the Applicant have entered into an Agreement in which the owner of Serial No. 85547617 consents to the registration of the mark by the Applicant.   A copy of the executed Agreement is attached for the Examining Attorney's reference.

In view of the above, it is respectfully requested that the subject application be approved for publication.


EVIDENCE
Evidence in the nature of copy of executed Consent Agreement has been attached.
Original PDF file:
evi_1-7497494-084547075_._Kinfolk_Agreement.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for On-line journals, namely, blogs featuring various subjects and forms of entertainment in the fields of bicycles, brand concept and brand development, creative services, clothing, bags, restaurant and bar services, alcoholic beverages, and lifestyle products and stories regarding the foregoing; Providing a website featuring various subjects and forms of entertainment in the fields of bicycles, brand concept and brand development, creative services, clothing, bags, restaurant and bar services, alcoholic beverages, and lifestyle products and stories regarding the foregoing
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 04/28/2008 and first used in commerce at least as early as 04/28/2008 , and is now in use in such commerce.

Proposed:
Tracked Text Description: On-line journals, namely, blogs featuring various subjects and forms of entertainment in the fields of bicycles, brand concept and brand development, creative services, clothing, bags, restaurant and bar services, alcoholic beverages, and lifestyle products and stories regarding the foregoing; Providing a website featuring various subjects and forms of entertainment in the fields of bicycles, brand concept and brand development, creative services, clothing, bags, restaurant and bar services, alcoholic beverages, and lifestyle products and stories regarding the foregoingClass 041 for On-line journals, namely, blogs featuring various subjects and forms of entertainment in the fields of bicycles, brand concept and brand development, creative services, clothing, bags, restaurant and bar services, alcoholic beverages, and lifestyle products and stories regarding the foregoing
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 04/28/2008 and first used in commerce at least as early as 04/28/2008 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Rachel Kronman/     Date: 06/21/2013
Signatory's Name: Rachel Kronman
Signatory's Position: Attorney of record, NY state bar member

Signatory's Phone Number: 212-980-0120

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: 85729183
Internet Transmission Date: Fri Jun 21 09:13:31 EDT 2013
TEAS Stamp: USPTO/ROA-XX.X.XX.XX-2013062109133185390
8-85729183-5008d84868b89bad06e1499facbff
d2d8726a146d8e35b57849ef9efb5181f33f79-N
/A-N/A-20130621084547075251