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. 88452641 VIXEN(Standard Characters, see http://uspto.report/TM/88452641/mark.png) has been amended as follows:

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

REMARKS

The Examiner has refused registration of the proposed mark stating that it is likely to cause confusion with U.S. Registration No. 4376666 for VIXEN.  The Applicant advises that the cited registration has failed to file post registration documents by the deadline January 30, 2020, and therefore, is scheduled for cancellation.  Accordingly, the Applicant contends that the refusal is moot, and respectfully requests the Office withdraw the refusal. 

The Office states the identification of goods requires amendment.  The Applicant has amended the identification of goods in substantial compliance with the Office’s suggestions.  The Applicant believes the identification of goods is now acceptable. 

The Applicant believes that the outstanding issues have now been resolved, and respectfully requests the application be passed to publication.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing; clothing, namely, undergarments and shirts
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/26/2016 and first used in commerce at least as early as 07/26/2016 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Clothing; Clothing, namely, hats, swimwear, jackets, pants; clothing, namely, undergarments and shirts; clothing, namely, undergarments and shirts.Class 025 for Clothing, namely, hats, swimwear, jackets, pants; clothing, namely, undergarments and shirts.
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/26/2016 and first used in commerce at least as early as 07/26/2016 , and is now in use in such commerce.
The applicant's current attorney information: Anna M. Vradenburgh. Anna M. Vradenburgh of ONE LLP, is located at

      2815 TOWNSGATE ROAD, SUITE 320
      WESTLAKE VILLAGE, California 91361
      US
The docket/reference number is STH004US02.

The phone number is 424-279-8202.

The email address is tmdocketing@onellp.com

The applicants proposed attorney information: Anna M. Vradenburgh. Other appointed attorneys are Uleses C. Henderson; Paul Y. Feng; John Tehranian. Anna M. Vradenburgh of ONE LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      2815 TOWNSGATE ROAD, SUITE 320
      WESTLAKE VILLAGE, California 91361
      United States
The docket/reference number is STH004US02.

The phone number is 424-279-8202.

The email address is tmdocketing@onellp.com

Anna M. Vradenburgh submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: ANNA M. VRADENBURGH. ANNA M. VRADENBURGH of ONE LLP, is located at

      2815 TOWNSGATE ROAD, SUITE 320
      WESTLAKE VILLAGE, California 91361
      US
The docket/reference number is STH004US02.

The phone number is 424-279-8202.

The email address is tmdocketing@onellp.com; avradenburgh@onellp.com

The applicants proposed correspondence information: Anna M. Vradenburgh. Anna M. Vradenburgh of ONE LLP, is located at

      2815 TOWNSGATE ROAD, SUITE 320
      WESTLAKE VILLAGE, California 91361
      United States
The docket/reference number is STH004US02.

The phone number is 424-279-8202.

The email address is tmdocketing@onellp.com; avradenburgh@onellp.com

SIGNATURE(S)
Response Signature
Signature: /anna m vradenburgh/     Date: 02/14/2020
Signatory's Name: Anna M. Vradenburgh
Signatory's Position: Attorney of Record, California Bar Member

Signatory's Phone Number: 424-279-8202

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:    ANNA M. VRADENBURGH
   ONE LLP
   
   2815 TOWNSGATE ROAD, SUITE 320
   WESTLAKE VILLAGE, California 91361
Mailing Address:    Anna M. Vradenburgh
   ONE LLP
   2815 TOWNSGATE ROAD, SUITE 320
   WESTLAKE VILLAGE, California 91361
        
Serial Number: 88452641
Internet Transmission Date: Fri Feb 14 18:15:56 EST 2020
TEAS Stamp: USPTO/ROA-XXXX:XXX:XXXX:XXXX:XXX:XXXX:XX
X:XXXX-20200214181556212173-88452641-700
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