Response to Office Action

YAYA

Ya-Ya Shirt Company Holding B.V.

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 86504608
LAW OFFICE ASSIGNED LAW OFFICE 111
MARK SECTION
MARK http://tmng-al.gov.uspto.report/resting2/api/img/86504608/large
LITERAL ELEMENT YAYA
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 has refused registration of the YAYA mark on the basis of a likelihood of confusion with the DUCKLING BRAND YAYA and Design mark (Registration No. 3007620), the LOVE YAYA mark (Registration No. 3518452), and the pending YAYAS application (Serial No. 85/893,450).  Registration No. 3518452 for LOVE YAYA has since been canceled due to the failure of that registrant to file a Declaration of Use, so that registration no longer serves as a bar to registration of the YAYA mark.

A new Office Action has issued against Serial No. 85/893,450, which refuses registration of the YAYAS mark due to a likelihood of confusion with the DUCKLING BRAND YAYA and Design mark. Consequently, and for good cause shown, the applicant respectfully requests that this application be suspended until Serial No. 85/893,450 either registers or goes abandoned.
SIGNATURE SECTION
RESPONSE SIGNATURE /Jennifer A. Widmer/
SIGNATORY'S NAME Jennifer A. Widmer
SIGNATORY'S POSITION Attorney of record, Illinios bar member
SIGNATORY'S PHONE NUMBER 708-383-8801, ext. 125
DATE SIGNED 09/29/2015
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Sep 29 11:40:40 EDT 2015
TEAS STAMP USPTO/ROA-XX.XX.XXX.XXX-2
0150929114040638346-86504
608-5403734b3fa6d3414b1fa
bd418989c4cc1f424ffdc45fd
9d53e690a345edefa40-N/A-N
/A-20150929111131011027



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. 86504608 YAYA(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86504608/large) has been amended as follows:

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

The Examining Attorney has refused registration of the YAYA mark on the basis of a likelihood of confusion with the DUCKLING BRAND YAYA and Design mark (Registration No. 3007620), the LOVE YAYA mark (Registration No. 3518452), and the pending YAYAS application (Serial No. 85/893,450).  Registration No. 3518452 for LOVE YAYA has since been canceled due to the failure of that registrant to file a Declaration of Use, so that registration no longer serves as a bar to registration of the YAYA mark.

A new Office Action has issued against Serial No. 85/893,450, which refuses registration of the YAYAS mark due to a likelihood of confusion with the DUCKLING BRAND YAYA and Design mark. Consequently, and for good cause shown, the applicant respectfully requests that this application be suspended until Serial No. 85/893,450 either registers or goes abandoned.

SIGNATURE(S)
Response Signature
Signature: /Jennifer A. Widmer/     Date: 09/29/2015
Signatory's Name: Jennifer A. Widmer
Signatory's Position: Attorney of record, Illinios bar member

Signatory's Phone Number: 708-383-8801, ext. 125

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: 86504608
Internet Transmission Date: Tue Sep 29 11:40:40 EDT 2015
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2015092911404063
8346-86504608-5403734b3fa6d3414b1fabd418
989c4cc1f424ffdc45fd9d53e690a345edefa40-
N/A-N/A-20150929111131011027



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