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 09/20/2020)

Response to Office Action

The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER88142004
LAW OFFICE ASSIGNEDLAW OFFICE 120
MARK SECTION
MARK https://tmng-al.uspto.gov/resting2/api/img/88142004/large
LITERAL ELEMENT MEXICANA
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)
SECTION 2(d) REFUSAL - LIKELIHOOD OF CONFUSION: In response to the Likelihood of Confusion refusal, applicant notes that the cited registration for MEXICANA GEAR (RN4235554) was cancelled on May 31, 2019. Thus, applicant believes this refusal to be traversed but reserves the right to present further arguments against likelihood of confusion refusal if so needed. SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE: In response to the Merely Descriptive refusal, and pursuant to Examiner Interviews conducted in the matter, applicant submits that the mark is not Merely Descriptive because the shoes are not necessarily characteristic, representative or adaptive of Mexican Style. Further, because it is specifically the feminine noun, it is not necessarily descriptive of shoe or boots for men, women and/or children as no specific gender is specified in the Identification of goods. Further, pursuant to discussions with the Examining Attorney, applicant contends and believes the Examiner has agreed that this trademark is not generic in connection with the identified goods and submits that the Generic Advisory should be withdrawn.
SIGNATURE SECTION
RESPONSE SIGNATURE /Danna J. Cotman/
SIGNATORY'S NAME Danna J. Cotman, Esq.
SIGNATORY'S POSITION Attorney of Record, California bar member
SIGNATORY'S PHONE NUMBER 858-729-0800
DATE SIGNED 07/11/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Jul 11 19:34:37 EDT 2019
TEAS STAMP USPTO/ROA-XX.XX.XXX.XX-20
190711193437304089-881420
04-6203bcfad8fd8ea9fbcd5d
5912910e0cfe81e380e2dcedf
aa8f7891cf6d89872-N/A-N/A
-20190711184502279753


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 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88142004 MEXICANA(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/88142004/large) has been amended as follows:

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

SECTION 2(d) REFUSAL - LIKELIHOOD OF CONFUSION: In response to the Likelihood of Confusion refusal, applicant notes that the cited registration for MEXICANA GEAR (RN4235554) was cancelled on May 31, 2019. Thus, applicant believes this refusal to be traversed but reserves the right to present further arguments against likelihood of confusion refusal if so needed. SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE: In response to the Merely Descriptive refusal, and pursuant to Examiner Interviews conducted in the matter, applicant submits that the mark is not Merely Descriptive because the shoes are not necessarily characteristic, representative or adaptive of Mexican Style. Further, because it is specifically the feminine noun, it is not necessarily descriptive of shoe or boots for men, women and/or children as no specific gender is specified in the Identification of goods. Further, pursuant to discussions with the Examining Attorney, applicant contends and believes the Examiner has agreed that this trademark is not generic in connection with the identified goods and submits that the Generic Advisory should be withdrawn.

SIGNATURE(S)
Response Signature
Signature: /Danna J. Cotman/     Date: 07/11/2019
Signatory's Name: Danna J. Cotman, Esq.
Signatory's Position: Attorney of Record, California bar member

Signatory's Phone Number: 858-729-0800

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: 88142004
Internet Transmission Date: Thu Jul 11 19:34:37 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20190711193437304
089-88142004-6203bcfad8fd8ea9fbcd5d59129
10e0cfe81e380e2dcedfaa8f7891cf6d89872-N/
A-N/A-20190711184502279753