Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

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

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 85887178 LAUGH & LEARN (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/85887178/large) has been amended as follows:

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

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

RESPONSE TO OFFICE ACTION

 

 

In re:  Trademark Application of:

Mattel, Inc.

333 Continental Boulevard

El Segundo, California 90245

Serial No.:  85/887178

Filing Date:  March 26, 2013

Class:  41

Mark:  LAUGH & LEARN

Trademark Law Office:  114

Examining Attorney:  Won T. Oh

 

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA  22313-1451

 

 

Dear Sir/Madam:

 

This is in response to the Office Action mailed July 14, 2015.

 

RESPONSE

The Examining Attorney has refused registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d), alleging that Applicant’s mark, when used on or in connection with the identified goods, so resembles the mark in U.S. Registration Number 4,680,211 for LAUGH & LEARN in Class 16 as to be likely to cause confusion, to cause mistake, or to deceive.

 

Applicant would like to direct the Examining Attorney’s attention to the following registrations:

 

MARK	REG. NO.	OWNER	GOODS
LAUGH & LEARN LOGO	4,664,342	Mattel, Inc.	Developmental toys; infant toys
LAUGH & LEARN LOGO	4.767,067	Mattel, Inc.	Developmental toys; infant toys
LAUGH & LEARN	4,231,837	Mattel, Inc.	Developmental toys; infant toys

 

As the Examining Attorney can see from the above, Applicant is the owner of several registrations for the same mark that is being refused.  Accordingly, as these registrations harmoniously coexist on the registry with the cited registration, Applicant’s current filing for LAUGH & LEARN LOGO should be allowed the benefit of registration as well.

 

In view of the arguments set forth above, Applicant respectfully requests the Examining Attorney withdraw the refusal to register made under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d) and to pass this application to publication.

 

Respectfully submitted,

SIGNATURE(S)
Response Signature
Signature: /mcm/     Date: 01/14/2016
Signatory's Name: MICHAEL MOORE
Signatory's Position: ATTORNEY OF RECORD, CA BAR MEMBER

Signatory's Phone Number: 310-252-6733

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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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: 85887178
Internet Transmission Date: Thu Jan 14 15:40:18 EST 2016
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2016011415401841
6946-85887178-55013fd5963dde9693af215c12
39ef4dd3e4201a24db8a313ce82bd83692697b51
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