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. 88409703 FOFTY(Standard Characters, see http://uspto.report/TM/88409703/mark.png) has been amended as follows:

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

The examiner cited a prior-filed application, FOFTY Ser. No. 88406987, as a possible bar to registration based on a likelihood of confusion Under Trademark Act Section 2(d). On January 16, 2020 this FOFTY application was deemed abandoned for failure to file a response to an Office Action. Thus, applicant respectfully requests that the examiner no longer consider application serial number 88406987 as a barrier to registration.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Curtis J Jackson III, a citizen of United States, having an address of

            Robins Kaplan LLP      800 LaSalle Avenue, Suite 2800
      Minneapolis, Minnesota 55402
      United States
      Email Address: XXXX
      612-349-8500
      612-339-4181
Proposed: Jackson III, Curtis J., a citizen of United States, having an address of
      Robins Kaplan LLP
      800 LaSalle Avenue, Suite 2800
      Minneapolis, Minnesota 55402
      United States
      Email Address: XXXX
      612-349-8500
      612-339-4181
Correspondence Information (current):
      Christopher K. Larus
      PRIMARY EMAIL FOR CORRESPONDENCE: clarus@robinskaplan.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gashenmacher@robinskaplan.com; cmay@robinskaplan.com; trademarks@robinskaplan.com

The docket/reference number is 110273.0006.
Correspondence Information (proposed):
      Christopher K. Larus
      PRIMARY EMAIL FOR CORRESPONDENCE: clarus@robinskaplan.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gashenmacher@robinskaplan.com; cmay@robinskaplan.com; trademarks@robinskaplan.com

The docket/reference number is 110273.0006.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

ADDITIONAL STATEMENTS
Miscellaneous Statement
In response to the Examiner's requirement to provide a domicile address, Applicant submitted a Petition to Director to Waive Domicile Address Requirement on February 10, 2020 and is awaiting a decision.


SIGNATURE(S)
Response Signature
Signature: /George Ashenmacher/     Date: 04/13/2020
Signatory's Name: George Ashenmacher
Signatory's Position: Attorney of record, Minnesota bar member

Signatory's Phone Number: 612-349-8500

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:    Christopher K. Larus
   ROBINS KAPLAN LLP
   
   800 LASALLE AVENUE, STE 2800
   MINNEAPOLIS, Minnesota 55402
Mailing Address:    Christopher K. Larus
   ROBINS KAPLAN LLP
   800 LASALLE AVENUE, STE 2800
   MINNEAPOLIS, Minnesota 55402
        
Serial Number: 88409703
Internet Transmission Date: Mon Apr 13 13:01:14 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2020041313011485
1332-88409703-710175926ed26e55846dd783de
7e4ae0f059acfad2f248e21ab87facfe3ef5e9-N
/A-N/A-20200413122934221524