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. 88225313 BIRTHDAY PARTY(Standard Characters, see http://uspto.report/TM/88225313/mark.png) has been amended as follows:

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

Dear Ms. Bell, I am in receipt of your outgoing office action dated 3/13/19 with respect to the trademark application identified by Serial No. 88225313, for the mark "Birthday Party". We appreciate that the use of the words "birthday party" to describe the source of a candle would seem to convey information to consumers about the proposed use of the goods. However, in this scenario, "birthday party" does not describe the actual use. Rather (as illustrated in the evidence attached herewith), the good at issue (the Birthday Party candle) is a decorative, glass-encased candle designed to evoke the ethos of a birthday party, based on the combination of scents embedded in the candle (as described on the product page: "The sweet, buttery smell of vanilla cake smothered in buttercream frosting. A room swirling with balloons and confetti. The off key singing of friends and family, wishing you another magical year"). It is not the applicant's expectation that this be used as a party supply. Rather, in light of the price, size and structure of the item, the applicant believes it unlikely that this candle would be used for a birthday party at all, and instead expects the candle (like the applicants other candles) to be used as an accent piece for home decor. The applicant also believes that the good in question's placement next to other candles distributed by the applicant and intended to be accent pieces (and not party supplies) diminishes the likelihood that the good in question be perceived as a party supply. As such, we respectfully request reconsideration of your initial refusal. Thank you. Thank you.

EVIDENCE
Evidence in the nature of Screenshot of marketing material for Birthday Party candle has been attached. Evidence-1

The applicant's current attorney information: David Cykiert. David Cykiert of ROBINSON BROG, is located at

      9TH FLOOR
      875 3RD AVENUE
      NEW YORK, New York 10022
      US

The phone number is 212-603-0490.

The email address is dc@robinsonbrog.com

The applicants proposed attorney information: David Cykiert. David Cykiert of ROBINSON BROG, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      9TH FLOOR
      875 3RD AVENUE
      NEW YORK, New York 10022
      United States

The phone number is 212-603-0490.

The email address is dc@robinsonbrog.com

David Cykiert submitted the following statement: I attest that I am an attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory).
The applicant's current correspondence information: DAVID CYKIERT. DAVID CYKIERT of ROBINSON BROG, is located at

      9TH FLOOR
      875 3RD AVENUE
      NEW YORK, New York 10022
      US

The phone number is 212-603-0490.

The email address is dc@robinsonbrog.com; trademarks@robinsonbrog.com

The applicants proposed correspondence information: David Cykiert. David Cykiert of ROBINSON BROG, is located at

      9TH FLOOR
      875 3RD AVENUE
      NEW YORK, New York 10022
      United States

The phone number is 212-603-0490.

The email address is dc@robinsonbrog.com

SIGNATURE(S)
Response Signature
Signature: /David Cykiert, Esq./     Date: 08/15/2019
Signatory's Name: David Cykiert
Signatory's Position: Attorney of Record, New York bar member

Signatory's Phone Number: 2126030490

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    DAVID CYKIERT
   ROBINSON BROG
   9TH FLOOR
   875 3RD AVENUE
   NEW YORK, New York 10022
Mailing Address:    David Cykiert
   ROBINSON BROG
   9TH FLOOR
   875 3RD AVENUE
   NEW YORK, New York 10022
        
Serial Number: 88225313
Internet Transmission Date: Thu Aug 15 12:16:07 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201908151216074
97181-88225313-6107d3e2a3d5deceef2e47092
16f95893d8c4bd4678f395f8212a0661aec2df4-
N/A-N/A-20190815120307858687