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. 88317815 DUCKWORTH(Standard Characters, see http://uspto.report/TM/88317815/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of The Examining Attorney alleges that the applied-for mark is primarily merely a surname. Applicant respectfully disagrees. Applicant has been using this mark continuously for a pet toy since January 31, 2009, and not as a surname. Further, because Applicant has used the mark for over five years, the mark has become distinctive. Thus, because the mark has acquired distinctiveness it can be registered on the Principal Register. Applicant will not submit answers to the five questions posed by the Examining Attorney regarding the public's perception of the mark's primary significance because Applicant believes those questions are moot in view of Applicant's 2(f) claim. Applicant respectfully requests that the Examining Attorney allow this application to proceed to registration. has been attached.

The applicant's current attorney information: Randy Friedberg. Randy Friedberg of WHITE AND WILLIAMS LLP, is located at

      7 TIMES SQUARE, SUITE 2900
      NEW YORK, New York 10036
      US

The phone number is 212-714-3079.

The email address is trademarks@whiteandwilliams.com

The applicants proposed attorney information: Randy Friedberg. Other appointed attorneys are Frank Bruno; Jacqueline C. Hatherill. Randy Friedberg of WHITE AND WILLIAMS LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      7 TIMES SQUARE, SUITE 2900
      NEW YORK, New York 10036
      United States

The phone number is 212-714-3079.

The email address is trademarks@whiteandwilliams.com

Randy Friedberg 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: RANDY FRIEDBERG. RANDY FRIEDBERG of WHITE AND WILLIAMS LLP, is located at

      7 TIMES SQUARE, SUITE 2900
      NEW YORK, New York 10036
      US

The phone number is 212-714-3079.

The email address is trademarks@whiteandwilliams.com

The applicants proposed correspondence information: Randy Friedberg. Randy Friedberg of WHITE AND WILLIAMS LLP, is located at

      7 TIMES SQUARE, SUITE 2900
      NEW YORK, New York 10036
      United States

The phone number is 212-714-3079.

The email address is trademarks@whiteandwilliams.com

ADDITIONAL STATEMENTS
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark 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: /Randy Friedberg/      Date: 09/30/2019
Signatory's Name: Randy Friedberg
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 2127143079


Response Signature
Signature: /Randy Friedberg/     Date: 09/30/2019
Signatory's Name: Randy Friedberg
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 2127143079

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:    RANDY FRIEDBERG
   WHITE AND WILLIAMS LLP
   
   7 TIMES SQUARE, SUITE 2900
   NEW YORK, New York 10036
Mailing Address:    Randy Friedberg
   WHITE AND WILLIAMS LLP
   7 TIMES SQUARE, SUITE 2900
   NEW YORK, New York 10036
        
Serial Number: 88317815
Internet Transmission Date: Mon Sep 30 15:04:54 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20190930150454660
520-88317815-610b59b3825a2e82bdce2be35c8
7f3d24186228feb577792dadcc9be09699ea8-N/
A-N/A-20190930145222845288