Response to Office Action

TACOS2GO

Schmitt, Brett

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88353084
LAW OFFICE ASSIGNED LAW OFFICE 104
MARK SECTION
MARK http://uspto.report/TM/88353084/mark.png
LITERAL ELEMENT TACOS2GO
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ARGUMENT(S)
The retail package we have designed is quite different than the referenced items with the concern of "confusability" - Both referenced serial #'s use Taco's and "to" as opposed to the number "2".  Also, the second mark was issued using the word "to" - if this was allowed, why would it not have been confusing to the first allowed mark?  Finally, my use of TACOS2GO for a self contained single meal retail package is not confusing with the marks you referenced for restaurant food.
EVIDENCE SECTION
       EVIDENCE
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\883\530\88353084\xml4\ ROA0002.JPG
SIGNATURE SECTION
RESPONSE SIGNATURE /Brett Schmitt/
SIGNATORY'S NAME Brett Schmitt
SIGNATORY'S POSITION owner
SIGNATORY'S PHONE NUMBER 913-406-9033
DATE SIGNED 12/05/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Dec 05 16:01:42 EST 2019
TEAS STAMP USPTO/ROA-XXXX:XXXX:XXXX:
XXX:XXXX:XXXX:XXXX:XXXX-2
0191205160142451977-88353
084-700387b5589aac28707ba
2f4d447bf22163baf46652c0f
e8f32dfbbb9cdd7c9c-N/A-N/
A-20191205154329419623



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. 88353084 TACOS2GO(Standard Characters, see http://uspto.report/TM/88353084/mark.png) has been amended as follows:

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

The retail package we have designed is quite different than the referenced items with the concern of "confusability" - Both referenced serial #'s use Taco's and "to" as opposed to the number "2".  Also, the second mark was issued using the word "to" - if this was allowed, why would it not have been confusing to the first allowed mark?  Finally, my use of TACOS2GO for a self contained single meal retail package is not confusing with the marks you referenced for restaurant food.

EVIDENCE
Evidence-1

SIGNATURE(S)
Response Signature
Signature: /Brett Schmitt/     Date: 12/05/2019
Signatory's Name: Brett Schmitt
Signatory's Position: owner

Signatory's Phone Number: 913-406-9033

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: 88353084
Internet Transmission Date: Thu Dec 05 16:01:42 EST 2019
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXX:XXXX:XXXX:X
XXX:XXXX-20191205160142451977-88353084-7
00387b5589aac28707ba2f4d447bf22163baf466
52c0fe8f32dfbbb9cdd7c9c-N/A-N/A-20191205
154329419623


Response to Office Action [image/jpeg]


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