Response to Office Action

GOGO

Artvark Pet Products, Inc.

Response to Office Action

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 NUMBER 86471872
LAW OFFICE ASSIGNED LAW OFFICE 113
MARK SECTION
MARK http://tmng-al.gov.uspto.report/resting2/api/img/86471872/large
LITERAL ELEMENT GOGO
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)

The Examining Attorney argues that the applied-for mark conflicts with the existing GOGO STIK mark with respect to some of the goods included in Class 18. Applicant disputes this finding based on the fact that it has been using the registered mark GOGO (Registration No. 3,428,154) for pet-related goods for over 10 years, and therefore GOGO STIK should not have been allowed.  Nevertheless, in order to move its current application along, Applicant is willing to delete the following from its description of goods: "Pet accessories, namely, canvas, vinyl and leather pouches for holding disposable bags to place pet waste in."

Regarding the pending applications, Applicant reserves its right to argue against the refusal should any of the applications mature into registrations.

GOODS AND/OR SERVICES SECTION (016)(no change)
GOODS AND/OR SERVICES SECTION (018)(current)
INTERNATIONAL CLASS 018
DESCRIPTION
Animal harnesses; Animal leashes; Collars for pets; Pet accessories, namely, canvas, vinyl and leather pouches for holding disposable bags to place pet waste in; Rawhide chews for dogs
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 05/00/2009
        FIRST USE IN COMMERCE DATE At least as early as 05/00/2009
GOODS AND/OR SERVICES SECTION (018)(proposed)
INTERNATIONAL CLASS 018
TRACKED TEXT DESCRIPTION
Animal harnesses; Animal leashes; Collars for pets; Pet accessories, namely, canvas, vinyl and leather pouches for holding disposable bags to place pet waste in; Rawhide chews for dogs
FINAL DESCRIPTION
Animal harnesses; Animal leashes; Collars for pets; Rawhide chews for dogs
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 05/00/2009
       FIRST USE IN COMMERCE DATE At least as early as 05/00/2009
GOODS AND/OR SERVICES SECTION (031)(no change)
SIGNATURE SECTION
RESPONSE SIGNATURE /olivia goodkin/
SIGNATORY'S NAME Olivia Goodkin
SIGNATORY'S POSITION Attorney of Record, Californiai State Bar member
SIGNATORY'S PHONE NUMBER (310) 201-7446
DATE SIGNED 08/26/2015
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Aug 26 17:15:05 EDT 2015
TEAS STAMP USPTO/ROA-XX.XX.X.XXX-201
50826171505195579-8647187
2-5405e7dc899df983662c539
dad93d84a223945f7ad84548c
79d7b63a3e75ca46be-N/A-N/
A-20150826170343202096



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. 86471872 GOGO(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86471872/large) has been amended as follows:

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

The Examining Attorney argues that the applied-for mark conflicts with the existing GOGO STIK mark with respect to some of the goods included in Class 18. Applicant disputes this finding based on the fact that it has been using the registered mark GOGO (Registration No. 3,428,154) for pet-related goods for over 10 years, and therefore GOGO STIK should not have been allowed.  Nevertheless, in order to move its current application along, Applicant is willing to delete the following from its description of goods: "Pet accessories, namely, canvas, vinyl and leather pouches for holding disposable bags to place pet waste in."

Regarding the pending applications, Applicant reserves its right to argue against the refusal should any of the applications mature into registrations.



CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for Animal harnesses; Animal leashes; Collars for pets; Pet accessories, namely, canvas, vinyl and leather pouches for holding disposable bags to place pet waste in; Rawhide chews for dogs
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 05/00/2009 and first used in commerce at least as early as 05/00/2009 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Animal harnesses; Animal leashes; Collars for pets; Pet accessories, namely, canvas, vinyl and leather pouches for holding disposable bags to place pet waste in; Rawhide chews for dogsClass 018 for Animal harnesses; Animal leashes; Collars for pets; Rawhide chews for dogs
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 05/00/2009 and first used in commerce at least as early as 05/00/2009 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /olivia goodkin/     Date: 08/26/2015
Signatory's Name: Olivia Goodkin
Signatory's Position: Attorney of Record, Californiai State Bar member

Signatory's Phone Number: (310) 201-7446

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: 86471872
Internet Transmission Date: Wed Aug 26 17:15:05 EDT 2015
TEAS Stamp: USPTO/ROA-XX.XX.X.XXX-201508261715051955
79-86471872-5405e7dc899df983662c539dad93
d84a223945f7ad84548c79d7b63a3e75ca46be-N
/A-N/A-20150826170343202096



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