Response to Office Action

KYLIE JENNER

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 88486059
LAW OFFICE ASSIGNED LAW OFFICE 123
MARK SECTION
MARK http://uspto.report/TM/88486059/mark.png
LITERAL ELEMENT KYLIE JENNER
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 JENNER

Class 5

Serial No: 88486059

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. 88435263 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 APPLICATION

Applicant respectfully requests that the present application be suspended pending the disposition of Application Serial No. 88435263. TMEP 1208.02(c) (“Action on the later-filed application must also be suspended when the application is in condition for a final action but for the conflict with the earlier-filed application. The letter of suspension should repeat any outstanding issues, but these issues should not be made final.”)

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 5: Vitamins; dietary and nutritional supplements; nutritional supplement drinks in the form of liquid and powdered nutritional supplement and dietary drinks mixes; meal replacement nutrition bars for weight loss and nutritional supplement purposes; nutritional meal replacement shakes for weight loss and nutritional supplement purposes; medicated cosmetics; medicated lotions and creams for treating dermatological conditions; medicated dermatological preparations and substances; medicated hair care preparations; medicated mouthwashes and toothpaste.

Applicant has added the text bolded above to further clarify the goods.

CONCLUSION

Based on the foregoing, the Applicant believes that it has resolved all outstanding issues and as such, respectfully requests that the application be suspended.

CORRESPONDENCE INFORMATION (current)
NAME Jennifer Ko Craft
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE TRADEMARKSLV@DICKINSONWRIGHT.COM
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
CORRESPONDENCE INFORMATION (proposed)
NAME Jennifer Ko Craft
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE TRADEMARKSLV@DICKINSONWRIGHT.COM
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
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 03/19/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Mar 19 12:42:47 ET 2020
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20200319124247812793-8848
6059-7106639922994d365124
a18eea25d262dc994bf9f65b6
99708c5bb5ad78567091ad-N/
A-N/A-2020031912401882859
1



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. 88486059 KYLIE JENNER(Standard Characters, see http://uspto.report/TM/88486059/mark.png) has been amended as follows:

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

KYLIE JENNER

Class 5

Serial No: 88486059

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. 88435263 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 APPLICATION

Applicant respectfully requests that the present application be suspended pending the disposition of Application Serial No. 88435263. TMEP 1208.02(c) (“Action on the later-filed application must also be suspended when the application is in condition for a final action but for the conflict with the earlier-filed application. The letter of suspension should repeat any outstanding issues, but these issues should not be made final.”)

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 5: Vitamins; dietary and nutritional supplements; nutritional supplement drinks in the form of liquid and powdered nutritional supplement and dietary drinks mixes; meal replacement nutrition bars for weight loss and nutritional supplement purposes; nutritional meal replacement shakes for weight loss and nutritional supplement purposes; medicated cosmetics; medicated lotions and creams for treating dermatological conditions; medicated dermatological preparations and substances; medicated hair care preparations; medicated mouthwashes and toothpaste.

Applicant has added the text bolded above to further clarify the goods.

CONCLUSION

Based on the foregoing, the Applicant believes that it has resolved all outstanding issues and as such, respectfully requests that the application be suspended.


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: 03/19/2020
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: 88486059
Internet Transmission Date: Thu Mar 19 12:42:47 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202003191242478
12793-88486059-7106639922994d365124a18ee
a25d262dc994bf9f65b699708c5bb5ad78567091
ad-N/A-N/A-20200319124018828591



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