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. 88293660 NEYT NEW ENGLAND YOUTH THEATRE (Stylized and/or with Design, see http://uspto.report/TM/88293660/mark.png) has been amended as follows:

The applicant's current attorney information: Cathleen E. Stadecker. Cathleen E. Stadecker of DOWNS RACHLIN MARTIN PLLC, is located at

      199 MAIN STREET, PO BOX 190
      BURLINGTON, Vermont 05402-0190
      US
The docket/reference number is 10149006UST1.

The phone number is 802-863-2375.

The fax number is 802-862-7512.

The email address is tmip@drm.com

The applicants proposed attorney information: Cathleen E. Stadecker. Other appointed attorneys are Lawrence H. Meier, Peter Kunin, William J. Morris III. Cathleen E. Stadecker of DOWNS RACHLIN MARTIN PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      199 MAIN STREET, PO BOX 190
      BURLINGTON, Vermont 05402-0190
      United States
The docket/reference number is 10149006UST1.

The phone number is 802-863-2375.

The fax number is 802-862-7512.

The email address is tmip@drm.com

Cathleen E. Stadecker submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: CATHLEEN E. STADECKER. CATHLEEN E. STADECKER of DOWNS RACHLIN MARTIN PLLC, is located at

      199 MAIN STREET, PO BOX 190
      BURLINGTON, Vermont 05402-0190
      US
The docket/reference number is 10149006UST1.

The phone number is 802-863-2375.

The fax number is 802-862-7512.

The email address is tmip@drm.com

The applicants proposed correspondence information: Cathleen E. Stadecker. Cathleen E. Stadecker of DOWNS RACHLIN MARTIN PLLC, is located at

      199 MAIN STREET, PO BOX 190
      BURLINGTON, Vermont 05402-0190
      United States
The docket/reference number is 10149006UST1.

The phone number is 802-863-2375.

The fax number is 802-862-7512.

The email address is tmip@drm.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use YOUTH THEATRE apart from the mark as shown.


Miscellaneous Statement
The Office Action requests a disclaimer of "NEW ENGLAND YOUTH THEATRE" on the ground that this wording is not inherently distinctive. Applicant submits that the "NEW ENGLAND YOUTH THEATRE" portion of the mark has acquired distinctiveness through use of the wording by itself. See, e.g. Reg. No. 3637844 for Applicant's NEW ENGLAND YOUTH THEATRE and Design mark, which features this same wording on its own and has a March 12, 1999 first use date. A copy is attached as Exhibit A. Therefore, while Applicant has disclaimed the "YOUTH THEATRE" portion of the mark, it respectfully submits that no disclaimer of "NEW ENGLAND" is required. See TMEP §1212.02(f)(ii)(A).

Original PDF file:
mis-44911274-20190819140258900123_._Exhibit_A.pdf
Converted PDF file(s) ( 1 page)
Miscellaneous File1

SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Five or More Years' Use
NEW ENGLAND YOUTH THEATRE has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /cathleen e stadecker/      Date: 08/19/2019
Signatory's Name: Cathleen E. Stadecker
Signatory's Position: Attorney of record, VT and CA bar member
Signatory's Phone Number: 802-863-2375


Response Signature
Signature: /cathleen e stadecker/     Date: 08/19/2019
Signatory's Name: Cathleen E. Stadecker
Signatory's Position: Attorney of record, CA and VT bar member

Signatory's Phone Number: 802-846-8618

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:    CATHLEEN E. STADECKER
   DOWNS RACHLIN MARTIN PLLC
   
   199 MAIN STREET, PO BOX 190
   BURLINGTON, Vermont 05402-0190
Mailing Address:    Cathleen E. Stadecker
   DOWNS RACHLIN MARTIN PLLC
   199 MAIN STREET, PO BOX 190
   BURLINGTON, Vermont 05402-0190
        
Serial Number: 88293660
Internet Transmission Date: Mon Aug 19 16:08:15 EDT 2019
TEAS Stamp: USPTO/ROA-X.XX.XXX.XX-201908191608153272
06-88293660-610f58fb724ca596cf64965c6722
720a5b2582c5052d986d61d25b43ed5683-N/A-N
/A-20190819140258900123