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)

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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 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://uspto.report/TM/86817899/mark.png) 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 Applicant's mark on the basis that it is likely to be confused with Reg. No 4823861 for the mark COMFY HOME CONNECTION and Reg. No. 4957328 for the mark KOMFY. Both registrants have since surrendered the cited registrations, as evidenced by the attached documents. Accordingly, Applicant respectfully requests that its COMFY application be approved for publication.

EVIDENCE
Evidence in the nature of the Notice of Cancellation for Reg. No. 4823861 (COMFY HOME CONNECTION) and the Surrender of Registration for Cancellation for Reg. No. 4957328 (KOMFY) has been attached.
Original PDF file:
evi_10415130216-20170320105743957697_._PTO_notice_of_cancellation_-_10.27.2016.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_10415130216-20170320105743957697_._Surrender_of_Registration_-_3.15.2017.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4

SIGNATURE(S)
Response Signature
Signature: /Anna Kuhn/     Date: 03/20/2017
Signatory's Name: Anna Kuhn
Signatory's Position: Attorney of record, Texas bar member

Signatory's Phone Number: 5129223090

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: Mon Mar 20 13:03:37 EDT 2017
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201703201303373
84886-86817899-5805bf960888439fa166ec5f8
b93578286b9d59bc6d2f3b15a8966f6494228a-N
/A-N/A-20170320105743957697