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. 88485728 KYLIE(Standard Characters, see http://uspto.report/TM/88485728/mark.png) has been amended as follows:

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

KYLIE

Class 8

Serial No: 88485728

OFFICE ACTION RESPONSE

This is in response to the Office Action dated September 19, 2019. In the Office Action, the USPTO Examiner asserts: (1) there is a potential bar to registration, namely, a Section 2(d) refusal between U.S. Application Serial No. 88245610 on the one hand and Applicant’s Mark on the other hand; (2) the Applicant must provide its domicile street address; and (3) the identification of goods is indefinite and must be amended.

PRIOR PENDING APPLICATIONS

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.

DOMICILE ADDRESS

Applicant submitted a change of address for the mark through TEAS on March 11, 2020, providing a new mailing address and asserting that it is the same as Applicant’s domicile address.

AMENDMENT

While maintaining the propriety of the application as originally filed, Applicant is willing to amend its application in the following manner as requested by the Examiner:

Class 8: Hand operated cooking and kitchen appliances for dicing, mincing, slicing, and chopping food; hand operated cooking and kitchen appliance for peeling food; hand operated cooking and kitchen appliance for tenderizing food, namely, a kitchen mallet; hand operated food processor; hand operated grilling appliances, namely, meat pokers in the nature of a pronged instrument for holding meat; flatware, namely, knives, forks and spoons; cutlery, namely, knives, forks and spoons; knives, namely, kitchen knives, filleting knives, household knives, chef knives; blade sharpeners, namely, knife sharpeners; mortars and pestles; fire tongs.

Applicant has deleted the problematic goods from the instant application and hereby moves them to its co-pending Application Serial No. 88485826 for the same mark filed on the same date as follows:

Class 21: Trays for domestic purposes; ceramic figurines; baskets for domestic use; bowls; candle holders; canister sets; vases; decorative centerpieces of ceramic, glass and earthenware; glass jars; containers for household or kitchen use; portable beverage container holder; servingware for serving food and drinks; dishes; beverageware; buckets; coasters, not of paper or textile; sports bottles sold empty; cooking skewers, namely, meat pokers in the nature of a pronged instrument for holding meat for grilling; mortars and pestles for kitchen use.

CONCLUSION

Based on the foregoing, the Applicant believes that it has resolved all outstanding issues and as such, respectfully requests that the application be approved for publication.
Correspondence Information (current):
      Jennifer Ko Craft
      PRIMARY EMAIL FOR CORRESPONDENCE: TRADEMARKSLV@DICKINSONWRIGHT.COM
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Jennifer Ko Craft
      PRIMARY EMAIL FOR CORRESPONDENCE: TRADEMARKSLV@DICKINSONWRIGHT.COM
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

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).

SIGNATURE(S)
Response Signature
Signature: /Jennifer Ko Craft/     Date: 03/18/2020
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.

Mailing Address:    Jennifer Ko Craft
   Dickinson Wright PLLC
   
   8363 West Sunset Road, Suite 200
   Las Vegas, Nevada 89113
Mailing Address:    Jennifer Ko Craft
   Dickinson Wright PLLC
   8363 West Sunset Road, Suite 200
   Las Vegas, Nevada 89113
        
Serial Number: 88485728
Internet Transmission Date: Thu Mar 19 00:55:35 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202003190055358
35066-88485728-71019e1cf16ef571fa127d1c9
bbb8478d66556c02291db312cd4a964437612825
c-N/A-N/A-20200319005232116078