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. 88505302 LITTLE JOEY (Stylized and/or with Design, see http://uspto.report/TM/88505302/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of LITTLE JOEY & Design OA response; Website pages; Certificates of Registrations for charted marks has been attached.
Original PDF file:
evi_206532382-20190923115412283750_._Little_Joey___Design_OA_Response.pdf
Converted PDF file(s) ( 14 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Original PDF file:
evi_206532382-20190923115412283750_._Exhibit_A_-_Joey_New_York.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_206532382-20190923115412283750_._Exhibit_B_-_Koala_Info.pdf
Converted PDF file(s) ( 9 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Original PDF file:
evi_206532382-20190923115412283750_._Exhibit_C_-_National_Geographic.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_206532382-20190923115412283750_._Exhibit_D_-_Joey_Definition.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_206532382-20190923115412283750_._Exhibit_E_-_Deodorize_Def.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_206532382-20190923115412283750_._TM_Cert_of_Regs.pdf
Converted PDF file(s) ( 22 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Evidence-20
Evidence-21
Evidence-22

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Outdoor skin tanning preparations, body wash, soaps and skin moisturizers
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Outdoor skin tanning preparations, body wash, soaps and skin moisturizers; Outdoor skin tanning preparations, body wash, skin soaps and skin moisturizersClass 003 for Outdoor skin tanning preparations, body wash, skin soaps and skin moisturizers
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

The applicant's current attorney information: Charles J. Meyer. Charles J. Meyer of WOODARD, EMHARDT, MORIARTY, MCNETT & HENRY, LLP, is located at

      111 MONUMENT CIRCLE, SUITE 3700
      INDIANAPOLIS, Indiana 46204
      US
The docket/reference number is 8183-1833.

The phone number is 317-634-3456.

The fax number is 317-637-7561.

The email address is cjmeyer@uspatent.com

The applicants proposed attorney information: Charles J. Meyer. Other appointed attorneys are John C. McNett; Thomas Q. Henry; Charles R. Reeves; Vincent O. Wagner; Steve Zlatos; Spiro Bereveskos; Daniel J. Lueders; Kenneth A. Gandy; Timothy N. Thomas; Charles J. Meyer; Lisa A. Hiday; Christopher A. Brown; Charles P. Schmal; Quentin G. Cantrell; Marta L. Paul; William A. McKenna; James R. Blaufuss; Michael M. Morris; Jeremy J. Gustrowsky; Matthew M. Gardlik; Joshua P. Astin; Blake R. Hartz; Andrew M. Nevill. Charles J. Meyer of Woodard, Emhardt, Henry, Reeves & Wagner, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      111 MONUMENT CIRCLE, SUITE 3700
      INDIANAPOLIS, Indiana 46204
      United States
The docket/reference number is 8183-1833.

The phone number is 317-634-3456.

The fax number is 317-637-7561.

The email address is cjmeyer@uspatent.com

Charles J. Meyer 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: CHARLES J. MEYER. CHARLES J. MEYER of WOODARD, EMHARDT, MORIARTY, MCNETT & HENRY, LLP, is located at

      111 MONUMENT CIRCLE, SUITE 3700
      INDIANAPOLIS, Indiana 46204
      US
The docket/reference number is 8183-1833.

The phone number is 317-634-3456.

The fax number is 317-637-7561.

The email address is cjmeyer@uspatent.com; docketdept@uspatent.com

The applicants proposed correspondence information: Charles J. Meyer. Charles J. Meyer of Woodard, Emhardt, Henry, Reeves & Wagner, is located at

      111 MONUMENT CIRCLE, SUITE 3700
      INDIANAPOLIS, Indiana 46204
      United States
The docket/reference number is 8183-1833.

The phone number is 317-634-3456.

The fax number is 317-637-7561.

The email address is cjmeyer@uspatent.com; docketdept@uspatent.com

SIGNATURE(S)
Response Signature
Signature: /Charles J. Meyer/     Date: 09/23/2019
Signatory's Name: Charles J. Meyer
Signatory's Position: Attorney of Record, Indiana Bar Member

Signatory's Phone Number: (317) 634-3456

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:    CHARLES J. MEYER
   WOODARD, EMHARDT, MORIARTY, MCNETT & HENRY, LLP
   
   111 MONUMENT CIRCLE, SUITE 3700
   INDIANAPOLIS, Indiana 46204
Mailing Address:    Charles J. Meyer
   Woodard, Emhardt, Henry, Reeves & Wagner
   111 MONUMENT CIRCLE, SUITE 3700
   INDIANAPOLIS, Indiana 46204
        
Serial Number: 88505302
Internet Transmission Date: Mon Sep 23 13:01:00 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.X-20190923130100871
444-88505302-610a632a0f2893e6e77579f883b
57ec2f4acdc76e6adf0b6ffc5f459fbe2dece6c-
N/A-N/A-20190923115412283750