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. 88340994 LK (Stylized and/or with Design, see http://uspto.report/TM/88340994/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: LK (Stylized and/or with Design, see http://uspto.report/TM/88340994/mark.png)
Proposed: LK (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of outlined stylized capital letters "LK", inside the letter "L" there are 3 five-pointed stars, inside the letter "K" there are 4 five-pointed stars and 3 stripes on the upper right part of the letter.

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

Dear Examining Attorney Louis Kolodner, Below is the official response to trademark registration ?88340994? Similarity of the Marks The applied mark LK and the registered mark LKI (Registration Number 5061451) may appear in similarity in sound, but it constitutes no similarity in appearance and commercial impression. Similarity and Nature of the Goods and of the Trade Channels The applied mark LK goods are solely in the RC remote toys category. The applied mark is for a niche market, where we offer unique products to hobby enthusiasts. Upon diligent research, there is no similar products offer by the registered mark LKI, as a matter of fact, the registered mark LKI is now an apparel company based in Australia. The registered mark has also moved away from their original mark design. The products offered by the registered mark is solely for apparels, no conflicts of goods with the applied mark. (Registerd Mark and currently in use mark is attached as PDF) http://www.alliancewake.com/gear/goods-lki/ www.loosekid.com Therefore, it is very unlikely that customer will be confused with the two mark since its in two completely segments, offering non-related products, and the mark appears no similarity with the applied mark in appearance, sound, connotation and commercial impression. Trade channels for the applied mark established its own website and also carry on E-Commerce platforms such as Amazon and Ebay, which the registered mark has no presence. COLOR DRAWING & NO COLOR CLAIM The application claims that color is not a feature of the mark, the description of the mark is ?The mark consists of outlined stylized capital letters ?LK?, inside the letter ?L? there are 3 five-pointed stars, inside the letter ?K? there are 4 five-pointed stars and 3 stripes on the upper right part of the letter.? Best Like Wu

EVIDENCE
Evidence in the nature of A statement of official response for refusal of mark. has been attached.
Original PDF file:
evi_6560114195-20191025142114561541_._Dear_Examining_Attorney_Louis_Kolodner.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

SIGNATURE(S)
Response Signature
Signature: /likewu/     Date: 10/25/2019
Signatory's Name: Like Wu
Signatory's Position: Owner

Signatory's Phone Number: 6267802348

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

        
Serial Number: 88340994
Internet Transmission Date: Fri Oct 25 14:30:54 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019102514305433
1999-88340994-61023a2cbada1fc3ccfbd716e6
0d896e4af933e3df8acadc48b628522fe95061-N
/A-N/A-20191025142114561541