Response to Office Action

COMFY

Building Robotics, Inc.

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 86817899
LAW OFFICE ASSIGNED LAW OFFICE 101
MARK SECTION
MARK http://tmng-al.gov.uspto.report/resting2/api/img/86817899/large
LITERAL ELEMENT COMFY
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 to register Applicant's mark based on a prior registration for the mark COMFY HOME CONNECTION, Reg. No. 4823861. However, Applicant's use of COMFY predates the use and application filing date of COMFY HOME CONNECTION. Therefore, the registered mark should not bar registration of Applicant's mark. Applicant is in contact with the registrant of COMFY HOME CONNECTION and expects to be able to provide further information very soon. If necessary, Applicant requests that the Examining Attorney use his discretion to suspend this Application briefly, so that Applicant can complete its discussions with the registrant.
SIGNATURE SECTION
RESPONSE SIGNATURE /Anna Kuhn/
SIGNATORY'S NAME Anna Kuhn
SIGNATORY'S POSITION Attorney of record, Texas bar member
SIGNATORY'S PHONE NUMBER 512-922-3090
DATE SIGNED 09/07/2016
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Sep 07 12:45:59 EDT 2016
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20160907124559472917-8681
7899-550123e8630684bd956e
88016331962fea2cfdb428426
9f833dd8b8944912ba5688-N/
A-N/A-2016090712342008527
5



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. 86817899 COMFY(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86817899/large) has been amended as follows:

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

The Examining Attorney has refused to register Applicant's mark based on a prior registration for the mark COMFY HOME CONNECTION, Reg. No. 4823861. However, Applicant's use of COMFY predates the use and application filing date of COMFY HOME CONNECTION. Therefore, the registered mark should not bar registration of Applicant's mark. Applicant is in contact with the registrant of COMFY HOME CONNECTION and expects to be able to provide further information very soon. If necessary, Applicant requests that the Examining Attorney use his discretion to suspend this Application briefly, so that Applicant can complete its discussions with the registrant.

SIGNATURE(S)
Response Signature
Signature: /Anna Kuhn/     Date: 09/07/2016
Signatory's Name: Anna Kuhn
Signatory's Position: Attorney of record, Texas bar member

Signatory's Phone Number: 512-922-3090

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: 86817899
Internet Transmission Date: Wed Sep 07 12:45:59 EDT 2016
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201609071245594
72917-86817899-550123e8630684bd956e88016
331962fea2cfdb4284269f833dd8b8944912ba56
88-N/A-N/A-20160907123420085275



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