TEAS Petition to Revive Abandon Applic

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 2194 (Rev 03/2012)

OMB No. 0651-0054 (Exp 10/31/2017)

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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 2194 (Rev 03/2012)

OMB No. 0651-0054 (Exp 10/31/2017)

Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action

To the Commissioner for Trademarks:

Application serial no. 86411528 YOUR PET IS YOUR BEST FRIEND BUDDY (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/86411528/large) has been amended as follows: PETITION Petition Statement
Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the USPTO to revive the abandoned application.RESPONSE TO OFFICE ACTION

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

To address the following issues: 1: Loss of Teas Plus Status because the word "Miscellaneous" was used initially: all of the other examiners have allowed us to keep Teas Plus status because they did not view this as a modification, merely a clarification of goods and services. This is the first time we were denied Teas Plus Status, as we have submitted dozens of trademark applications and the others were kept Teas Plus and allowed to clarify. 2. Our price point is very different from existing brands. We are mainly sold in dollar-type stores with a much lower price point and we do not swim in the same channels. Our packaging is distinct with the same look that looks nothing like competitors'. There are already in existence many other brands which have the word "Buddy" in it, and they are vastly different from ours. As they can all co-exist (one was approved after our initial application) ours is distinct enough to stand apart. To address the many other brands referenced: Many of the examples provided are not even close to our brand (Pinkaholic, Earth Friendly, Full Service Gear, Nogopet, Soft Harness, W, Puppia, Ipettie, Pet Shed, I Love My Mommy, Pico, Luxtrac, Safety Pups, Furry and Fabulous) in sound, appearance, or classification. They merely show the diversity of pet-related products, and in no way is there any form of overlap. We are not quite sure why they were referenced, other than they are pet related. If anything, this shows the wide range of products on the market, and they have all been trademarked. After we filed an application on October 1, 2014, another brand, Pet Buddies (Serial number 86453903), was filed on November 13, 2014 (after our filing). The examining attorney is Miah Rosenberg in Law Office 117. She cleared them very easily, even though they are very similar to our registration, and in looking at the correspondence, her only issue was to add a disclaimer regarding the word "pet". They sailed through easily, were approved for publication on March 6, 2015, and were published on May 3, 2015. We find this to be very similar to our brand name, and by the same criteria that the above companies were referenced in #1, we feel that if this company was given their trademark, we are different enough from other registrants that we should be given ours. 3. The Disclaimer is withdrawn

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for Feed bags for animals; Pet collar accessories, namely, bells, silencers, safety lights and blinkers, pendants and charms; Pet restraining devices consisting of posts and anchors
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 02/02/2007 and first used in commerce at least as early as 02/02/2007 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Feed bags for animals; Pet restraining devices consisting of tie out stakes and tie out chains for use in pet grooming or vet care.; Pet collar accessories, namely, bells, silencers, safety lights and blinkers, pendants and charms; Pet restraining devices consisting of posts and anchorsClass 018 for Pet restraining devices consisting of tie out stakes and tie out chains for use in pet grooming or vet care.
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 02/02/2007 and first used in commerce at least as early as 02/02/2007 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Miscellaneous Statement
Plese delete the disclaimer currently on record


FEE(S)
Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S)

Signature: /S. Baheti/      Date: 12/11/2015
Signatory's Name: S. Baheti
Signatory's Position: Secretary
Signatory's Phone Number: 562 259-9992


Response Signature
Signature: /S. Baheti/     Date: 12/11/2015
Signatory's Name: S. Baheti
Signatory's Position: Secretary

Signatory's Phone Number: 562 259-9992

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the owner/holder or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
RAM Sale Number: 86411528
RAM Accounting Date: 12/14/2015
        
Serial Number: 86411528
Internet Transmission Date: Fri Dec 11 15:06:00 EST 2015
TEAS Stamp: USPTO/POA-XXX.XX.XXX.XX-2015121115060078
0917-86411528-55076ab8dabfc87fea4bdfa565
607227c5c4abd149e4417f3c8c7fa6ee469dab2-
CC-1561-20151211142229906566