PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER86321191
LAW OFFICE ASSIGNEDLAW OFFICE 106
MARK SECTION
MARK http://tsdr.uspto.gov/img/86321191/large
LITERAL ELEMENT DOCKATOT
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ARGUMENT(S)

     In response to the Office Action dated October 6, 2014 and further to our telephone conversation on November 25, 2014, Applicant advises that the product is not a "multi-functional or multi-purpose baby bouncer not for medical or therapeutic purpose."  Rather, it is a new product.  Such product can be seen at the Applicant's website www.enfant-terrible.se under the heading Sleepyhead.  Also attached are printouts from the website.  Finally, Applicant has amended the identification of goods in accordance with the Examiner's requirement and addressed the other issues raised.

     In view of the foregoing, Applicant respectfully requests that the subject application be approved for publication.

 
EVIDENCE SECTION
       EVIDENCE
       FILE NAME(S)		\\TICRS\EXPORT16\IMAGEOUT 16\863\211\86321191\xml5\ ROA0002.JPG
       \\TICRS\EXPORT16\IMAGEOUT 16\863\211\86321191\xml5\ ROA0003.JPG
       \\TICRS\EXPORT16\IMAGEOUT 16\863\211\86321191\xml5\ ROA0004.JPG
DESCRIPTION OF EVIDENCE FILEPages from Applicant's website
GOODS AND/OR SERVICES SECTION (018)(current)
INTERNATIONAL CLASS018
DESCRIPTION
Bags, namely, diaper bags, general purpose bags and transport bags
FILING BASISSection 1(b)
GOODS AND/OR SERVICES SECTION (018)(proposed)
INTERNATIONAL CLASS018
TRACKED TEXT DESCRIPTION
Bags, namely, diaper bags, general purpose bags and transport bags; Bags, namely, diaper bags, weekend bags and transport bags
FINAL DESCRIPTIONBags, namely, diaper bags, weekend bags and transport bags
FILING BASISSection 1(b)
GOODS AND/OR SERVICES SECTION (020)(current)
INTERNATIONAL CLASS020
DESCRIPTION
Bed linens, namely, sheets, blankets and covers; sleeping bags
FILING BASISSection 1(b)
GOODS AND/OR SERVICES SECTION (020)(proposed)
INTERNATIONAL CLASS020
TRACKED TEXT DESCRIPTION
Bed linens, namely, sheets, blankets and covers; Sleeping bags; multi-functional or multi-purpose baby pod not for medical or therapeutic purposes, for use by babies, toddlers and young children; multi-functional or multi-purpose unit consisting of mattress pad, mattress cover, bumper, handles, zippers and buckles for use by babies, toddlers and young children
FINAL DESCRIPTION
Sleeping bags; multi-functional or multi-purpose baby pod not for medical or therapeutic purposes, for use by babies, toddlers and young children; multi-functional or multi-purpose unit consisting of mattress pad, mattress cover, bumper, handles, zippers and buckles for use by babies, toddlers and young children
FILING BASISSection 1(b)
GOODS AND/OR SERVICES SECTION (024)(current)
INTERNATIONAL CLASS024
DESCRIPTION
Multi-functional or multi-purpose baby pod not for medical or therapeutic purposes, for use by babies, toddlers and young children; multi-functional or multi-purpose unit consisting of mattress pad, mattress cover, bumper, handles, zippers and buckles for use by babies, toddlers and young children
FILING BASISSection 1(b)
GOODS AND/OR SERVICES SECTION (024)(proposed)
INTERNATIONAL CLASS024
TRACKED TEXT DESCRIPTION
Multi-functional or multi-purpose baby pod not for medical or therapeutic purposes, for use by babies, toddlers and young children; Bed linens, namely, sheets, blankets and covers; multi-functional or multi-purpose unit consisting of mattress pad, mattress cover, bumper, handles, zippers and buckles for use by babies, toddlers and young children
FINAL DESCRIPTIONBed linens, namely, sheets, blankets and covers
FILING BASISSection 1(b)
GOODS AND/OR SERVICES SECTION (025)(current)
INTERNATIONAL CLASS025
DESCRIPTIONClothing, namely, children's clothing
FILING BASISSection 1(b)
GOODS AND/OR SERVICES SECTION (025)(proposed)
INTERNATIONAL CLASS025
TRACKED TEXT DESCRIPTION
Clothing, namely, children's clothing; Children, toddler and baby clothing, namely, hats, tops, bottoms, shirts, pants, pajamas, coats, jackets, dresses, undergarments, underwear, socks and shoes
FINAL DESCRIPTION
Children, toddler and baby clothing, namely, hats, tops, bottoms, shirts, pants, pajamas, coats, jackets, dresses, undergarments, underwear, socks and shoes
FILING BASISSection 1(b)
ADDITIONAL STATEMENTS SECTION
SIGNIFICANCE OF MARK DOCKATOT appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as applied to the goods/services listed in the application, or any geographical significance.
SIGNATURE SECTION
RESPONSE SIGNATURE /laura goldbard george/
SIGNATORY'S NAME Laura Goldbard George
SIGNATORY'S POSITION Attorney of record, New York bar member
SIGNATORY'S PHONE NUMBER 212-806-6675
DATE SIGNED 12/02/2014
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Dec 02 17:04:02 EST 2014
TEAS STAMP USPTO/ROA-XX.XXX.XXX.X-20
141202170402783156-863211
91-5008e57e9163a1b33932a0
cd3a82416f51628661a4d6e43
7c1382b3043ffa2ce-N/A-N/A
-20141202165907476815


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. 86321191 DOCKATOT(Standard Characters, see http://tsdr.uspto.gov/img/86321191/large) has been amended as follows:

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

     In response to the Office Action dated October 6, 2014 and further to our telephone conversation on November 25, 2014, Applicant advises that the product is not a "multi-functional or multi-purpose baby bouncer not for medical or therapeutic purpose."  Rather, it is a new product.  Such product can be seen at the Applicant's website www.enfant-terrible.se under the heading Sleepyhead.  Also attached are printouts from the website.  Finally, Applicant has amended the identification of goods in accordance with the Examiner's requirement and addressed the other issues raised.

     In view of the foregoing, Applicant respectfully requests that the subject application be approved for publication.

 



EVIDENCE
Evidence in the nature of Pages from Applicant's website has been attached. Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for Bags, namely, diaper bags, general purpose bags and transport bags
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: Bags, namely, diaper bags, general purpose bags and transport bags; Bags, namely, diaper bags, weekend bags and transport bags

Class 018 for Bags, namely, diaper bags, weekend bags and transport bags
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for Bed linens, namely, sheets, blankets and covers; sleeping bags
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: Bed linens, namely, sheets, blankets and covers; Sleeping bags; multi-functional or multi-purpose baby pod not for medical or therapeutic purposes, for use by babies, toddlers and young children; multi-functional or multi-purpose unit consisting of mattress pad, mattress cover, bumper, handles, zippers and buckles for use by babies, toddlers and young children

Class 020 for Sleeping bags; multi-functional or multi-purpose baby pod not for medical or therapeutic purposes, for use by babies, toddlers and young children; multi-functional or multi-purpose unit consisting of mattress pad, mattress cover, bumper, handles, zippers and buckles for use by babies, toddlers and young children
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 024 for Multi-functional or multi-purpose baby pod not for medical or therapeutic purposes, for use by babies, toddlers and young children; multi-functional or multi-purpose unit consisting of mattress pad, mattress cover, bumper, handles, zippers and buckles for use by babies, toddlers and young children
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: Multi-functional or multi-purpose baby pod not for medical or therapeutic purposes, for use by babies, toddlers and young children; Bed linens, namely, sheets, blankets and covers; multi-functional or multi-purpose unit consisting of mattress pad, mattress cover, bumper, handles, zippers and buckles for use by babies, toddlers and young children

Class 024 for Bed linens, namely, sheets, blankets and covers
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing, namely, children's clothing
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: Clothing, namely, children's clothing; Children, toddler and baby clothing, namely, hats, tops, bottoms, shirts, pants, pajamas, coats, jackets, dresses, undergarments, underwear, socks and shoes

Class 025 for Children, toddler and baby clothing, namely, hats, tops, bottoms, shirts, pants, pajamas, coats, jackets, dresses, undergarments, underwear, socks and shoes
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.

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
DOCKATOT appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as applied to the goods/services listed in the application, or any geographical significance.


SIGNATURE(S)
Response Signature
Signature: /laura goldbard george/     Date: 12/02/2014
Signatory's Name: Laura Goldbard George
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 212-806-6675

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: 86321191
Internet Transmission Date: Tue Dec 02 17:04:02 EST 2014
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.X-20141202170402783
156-86321191-5008e57e9163a1b33932a0cd3a8
2416f51628661a4d6e437c1382b3043ffa2ce-N/
A-N/A-20141202165907476815