Response to Office Action

KYLIE BABY

Kylie Jenner, Inc.

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 88422882
LAW OFFICE ASSIGNED LAW OFFICE 111
MARK SECTION
MARK http://uspto.report/TM/88422882/mark.png
LITERAL ELEMENT KYLIE BABY
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)

KYLIE BABY

Class 35

Serial No: 88422882

 

OFFICE ACTION RESPONSE

 

This is in response to the Office Action dated July 31, 2019, which supersedes an office action issued earlier on the same date, with respect to the above-referenced application (“Application”) for the above-referenced mark (“Mark”) filed by Kylie Jenner, Inc. (“Applicant”).  In the Office Action, the Examiner raised a potential bar to registration, namely, a Section 2(d) refusal between U.S. Application Serial No. 88245610 and Applicant’s Mark.  Additionally, the Examiner requires a disclaimer of the text “BABY.”  Applicant responds to the Office Action as follows:

  

I.   PRIOR PENDING APPLICATION ABANDONED.

 

A Notice of Abandonment was issued on November 5, 2019 for Application Serial No. 88245610 and a Petition to Revive has not been filed, therefore, the Applicant respectfully asserts that it no longer presents a potential bar to registration of the Mark.

  

II.  DISCLAIMER.

 

While maintaining the propriety of the application as originally filed, the Applicant is willing to submit the following disclaimer: 

 

No claim is made to the exclusive right to use “BABY” apart from the mark as shown.  

 

III.   CONCLUSION.

 

Based on the foregoing, the Applicant believes that all outstanding objections and issues have been resolved and therefore, respectfully requests that Applicant’s Mark be approved for publication.

SIGNATURE SECTION
RESPONSE SIGNATURE /Jennifer Ko Craft/
SIGNATORY'S NAME Jennifer Ko Craft
SIGNATORY'S POSITION Attorney of Record, Nevada Bar Member
SIGNATORY'S PHONE NUMBER 702-550-4400
DATE SIGNED 01/31/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Jan 31 13:56:24 EST 2020
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20200131135624044313-8842
2882-700c8869c048fcdcc08f
f3dee3b74a52d431a08995ae2
349833b7af05dd591e563-N/A
-N/A-20200131135423869088



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. 88422882 KYLIE BABY(Standard Characters, see http://uspto.report/TM/88422882/mark.png) has been amended as follows:

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

KYLIE BABY

Class 35

Serial No: 88422882

 

OFFICE ACTION RESPONSE

 

This is in response to the Office Action dated July 31, 2019, which supersedes an office action issued earlier on the same date, with respect to the above-referenced application (“Application”) for the above-referenced mark (“Mark”) filed by Kylie Jenner, Inc. (“Applicant”).  In the Office Action, the Examiner raised a potential bar to registration, namely, a Section 2(d) refusal between U.S. Application Serial No. 88245610 and Applicant’s Mark.  Additionally, the Examiner requires a disclaimer of the text “BABY.”  Applicant responds to the Office Action as follows:

  

I.   PRIOR PENDING APPLICATION ABANDONED.

 

A Notice of Abandonment was issued on November 5, 2019 for Application Serial No. 88245610 and a Petition to Revive has not been filed, therefore, the Applicant respectfully asserts that it no longer presents a potential bar to registration of the Mark.

  

II.  DISCLAIMER.

 

While maintaining the propriety of the application as originally filed, the Applicant is willing to submit the following disclaimer: 

 

No claim is made to the exclusive right to use “BABY” apart from the mark as shown.  

 

III.   CONCLUSION.

 

Based on the foregoing, the Applicant believes that all outstanding objections and issues have been resolved and therefore, respectfully requests that Applicant’s Mark be approved for publication.



SIGNATURE(S)
Response Signature
Signature: /Jennifer Ko Craft/     Date: 01/31/2020
Signatory's Name: Jennifer Ko Craft
Signatory's Position: Attorney of Record, Nevada Bar Member

Signatory's Phone Number: 702-550-4400

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: 88422882
Internet Transmission Date: Fri Jan 31 13:56:24 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202001311356240
44313-88422882-700c8869c048fcdcc08ff3dee
3b74a52d431a08995ae2349833b7af05dd591e56
3-N/A-N/A-20200131135423869088



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