Response to Office Action

ON THE GO

Penny Publications LLC

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 88532913
LAW OFFICE ASSIGNED LAW OFFICE 117
MARK SECTION
MARK http://uspto.report/TM/88532913/mark.png
LITERAL ELEMENT ON THE GO
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)
The present application for ON THE GO has been refused registration under Section 2(d) of the Trademark Act in view of ON THE GO, Trademark Reg. No. 1976907. The cited registration was issued May 28, 1996 and was last renewed July 26, 2006. (See attached TSDR printout). A renewal should have been filed no later than November 28, 2016 but was not. Accordingly, the cited registration is expired, and is not a basis for refusal of the present application. Applicant requests that the Examiner withdraw the current rejection of the present application under Section 2(d) of the Trademark Act and approve the application for publication. In addition, the Examiner is requested to take any required steps to correct the reported status of the cited registration, ON THE GO, Trademark Reg. No. 1976907 so that its status is listed as a dead or expired registration, not a live registration.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_655138130-20191113161838424008_._3239281.PDF
       CONVERTED PDF FILE(S)
       (5 pages)
\\TICRS\EXPORT17\IMAGEOUT17\885\329\88532913\xml4\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\885\329\88532913\xml4\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\885\329\88532913\xml4\ROA0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\885\329\88532913\xml4\ROA0005.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\885\329\88532913\xml4\ROA0006.JPG
DESCRIPTION OF EVIDENCE FILE TSDR printout for ON THE GO, Trademark Reg. No. 1976907
SIGNATURE SECTION
RESPONSE SIGNATURE /SPMcNamara/
SIGNATORY'S NAME Stephen McNamara
SIGNATORY'S POSITION Attorney of record, Connecticut bar member
SIGNATORY'S PHONE NUMBER 2033246155
DATE SIGNED 11/13/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Nov 13 16:22:35 EST 2019
TEAS STAMP USPTO/ROA-XX.XX.XX.XXX-20
191113162235665144-885329
13-70094ea69a53f4de73f1a6
41bfa7ed9114dd5bf4f95024b
960184319a5f88cab92-N/A-N
/A-20191113161838424008



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. 88532913 ON THE GO(Standard Characters, see http://uspto.report/TM/88532913/mark.png) has been amended as follows:

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

The present application for ON THE GO has been refused registration under Section 2(d) of the Trademark Act in view of ON THE GO, Trademark Reg. No. 1976907. The cited registration was issued May 28, 1996 and was last renewed July 26, 2006. (See attached TSDR printout). A renewal should have been filed no later than November 28, 2016 but was not. Accordingly, the cited registration is expired, and is not a basis for refusal of the present application. Applicant requests that the Examiner withdraw the current rejection of the present application under Section 2(d) of the Trademark Act and approve the application for publication. In addition, the Examiner is requested to take any required steps to correct the reported status of the cited registration, ON THE GO, Trademark Reg. No. 1976907 so that its status is listed as a dead or expired registration, not a live registration.

EVIDENCE
Evidence in the nature of TSDR printout for ON THE GO, Trademark Reg. No. 1976907 has been attached.
Original PDF file:
evi_655138130-20191113161838424008_._3239281.PDF
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5

SIGNATURE(S)
Response Signature
Signature: /SPMcNamara/     Date: 11/13/2019
Signatory's Name: Stephen McNamara
Signatory's Position: Attorney of record, Connecticut bar member

Signatory's Phone Number: 2033246155

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: 88532913
Internet Transmission Date: Wed Nov 13 16:22:35 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20191113162235665
144-88532913-70094ea69a53f4de73f1a641bfa
7ed9114dd5bf4f95024b960184319a5f88cab92-
N/A-N/A-20191113161838424008


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