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 09/20/2020)

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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 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88157254 KIND(Standard Characters, see http://uspto.report/TM/88157254/mark.png) has been amended as follows:

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

This Response addresses the Office Action issued January 25, 2019, in relation to Application Serial No. 88/157,254 for the mark KIND in class 41 (the "Mark") filed by KIND Management Inc. (the "Applicant"). The Mark has been refused registration under Section 2(d) of the Trademark Act based on an allegedly likelihood of confusion with THE NEW KIND in Class 41, Reg. No. 4343983 (the "Cited Registration"). Without waiving Applicant's rights to submit arguments in favor of registration, Applicant notes that the Cited Registration is currently in the grace period for filing a Section 8 Affidavit of Use, which ends on November 29, 2019, as shown in the attached printout from TSDR. As of July 24, 2019, the owners of the Cited Registration have not filed a Section 8 Affidavit of Use. Given that the grace period for the Cited Registration is set to expire in approximately four months and the Section 2(d) refusal is the only issue raised in the Office Action, Applicant respectfully requests suspension of Application Serial No. 88/157,254.

EVIDENCE
Evidence in the nature of Printout of TSDR Status for Reg. No. 4343983 has been attached.
Original PDF file:
evi_381047662-20190722160640360586_._Status_Search_SN_4343983.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

SIGNATURE(S)
Response Signature
Signature: /Robert H. Newman/     Date: 07/24/2019
Signatory's Name: Robert H. Newman
Signatory's Position: Attorney of Record, Illinois Bar Member

Signatory's Phone Number: 312-464-3100

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: 88157254
Internet Transmission Date: Wed Jul 24 08:38:03 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.X.XXX-20190724083803587
251-88157254-6201692ada788e6735ee8fa52c6
51f39d3c86b3911f6a3aeb0836d1fb682aea74c-
N/A-N/A-20190724083137884027