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. 88586720 TODDLEROO(Standard Characters, see http://uspto.report/TM/88586720/mark.png) has been amended as follows:

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

This is in response to the Office Action of November 23, 2019. In the Office Action, the Trademark Office has refused registration on the grounds that (1) the specimen is unacceptable; and (2) the identification of goods and services requires amendment.

RESPONSE

 

I.          APPLICANT’S SPECIMEN AND IDENTIFCIATION OF GOODS AND SERVIES HAS BEEN PREVIOUSLY APPROVED BY THE TRADEMARK OFFICE, AND THIS APPLICATION SHOULD BE TREATED SIMIARLY.

            Applicant respectfully disagrees with the Trademark Office’s conclusion that its specimen is unacceptable and its identification of goods and services requires amendment. In support of its position, Applicant refers the Examining Attorney to U.S. Registration No. 5,858,754 for the near-identical mark TODDLEROO BY NORTH STATES. As the Examining Attorney will note, this mark gained registration approximately one year ago predicated upon the exact same identification of goods and services and specimen as is set forth in the Application here at issue. Therefore, the Examining Attorney assigned to the TODDLEROO BY NORTH STATES mark recognized the identification as proper as well as the specimen as an acceptable exemplar of trade show use. In light of this distinction, Applicant requests that the Examining Attorney apply the same analysis to the TODDLEROO Application discussed herein and allow the Application to proceed in the application process as is.

III.       CONCLUSION

            By this response, Applicant has addressed the issues raised by the Examining Attorney and respectfully requests that the Application be published for opposition at an early date.       If the Examining Attorney has any questions or comments, Applicant respectfully requests that the Examining Attorney contact the undersigned Attorney of Record. 

SIGNATURE(S)
Response Signature
Signature: /Andrew S. Ehard/     Date: 01/28/2020
Signatory's Name: Andrew S. Ehard
Signatory's Position: Attorney for Applicant - MN Bar Member

Signatory's Phone Number: 612.336.4602

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: 88586720
Internet Transmission Date: Tue Jan 28 16:15:40 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020012816154039
1127-88586720-700393775886ad4f7eadc6b8e6
168a1b86cc8a66d8f54bf948be4532ff878379-N
/A-N/A-20200128161129565452