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. 88421929 MILESTONE (Stylized and/or with Design, see http://uspto.report/TM/88421929/mark.png) has been amended as follows:

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

Examiner cited US Prior pending applications 87820237 (MILESTONES for children's shoes) and 88374323 (MILESTONE for "Golf caps; Golf pants, shirts and skirts; Baseball caps and hats; Caps with visors; Golf shirts; Headbands; Hooded pullovers; Hooded sweat shirts; Jackets; Polo knit tops; Rain hats; Rainproof jackets; Short-sleeved or long-sleeved t-shirts; Shorts; Sport coats; Sports caps and hats; Sports jackets; Sports vests; Sweat jackets; Sweat pants; Sweat shirts; Sweat suits; Swimming caps; T-shirts; Tank-tops; Wind vests.") Present application is applied for in relation to "Online retail store services featuring camping goods." (goods/services ID amended herewith). It is submitted that camping goods are do not have a likelihood of confusion with children's shoes or clothing generally, which are the goods of the Prior pending applications. While there are some differences in the marks, it is submitted that the present Application may be differentiated based on the differences in the goods, and the differences in the channels of trade.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 024 for tents, camping mattresses, sleeping bags, blankets, camping tables, camping grills, furniture for camping, inflatable mattresses for camping, jackets, backpacks, online retail services in the nature of outdoor products; camping pillow

Applicant hereby adds the following class of goods/services to the application:
New: Class 035 (Original Class: 024 ) for Online retail store services featuring camping goods.
Filing Basis: Section 1(a), Use in Commerce: The mark was first used at least as early as 12/31/2018 and first used in commerce at least as early as 12/31/2018 , and is now in use in such commerce.

SIGNATURE(S)
Response Signature
Signature: /s/     Date: 08/23/2019
Signatory's Name: Nyall Engfield
Signatory's Position: Attorney of Record, CA Bar

Signatory's Phone Number: 7602341231

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.

        
Serial Number: 88421929
Internet Transmission Date: Fri Aug 23 20:12:47 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.X-20190823201247347
955-88421929-610731c67c65edbc75cfc316f83
4c8ca749da7a51497bb728c844ad43ac1fc7c-N/
A-N/A-20190823200430534135