Response to Office Action

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88696287 SOUND WAVES(Standard Characters, see http://uspto.report/TM/88696287/mark.png) has been amended as follows:

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

The examining attorney has refused registration of Applicant's mark on grounds of likely confusion with US Registration 6114082 for the mark SOUND WAVES logo owned by Hard Rock Cafe International (USA), Inc. Applicant has entered into a Consent Agreement with Hard Rock Cafe International (USA), Inc., a copy of which is filed herewith. With the submission of this Consent Agreement, Applicant requests that the Section 2(d) refusal registration be withdrawn and the application approved for publication.

EVIDENCE
Evidence has been attached: the executed Consent Agreement
Original PDF file:
evi_38971052-202103091229 01790478_._Hard_Rock_Cafe __CF__Consent_Agmt_re_SOU ND_WAVES.pdf
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Cedar Fair, L.P., a limited partnership legally organized under the laws of Delaware, comprising of Cedar Fair Management, Inc., an Ohio Corporation, having an address of
      One Cedar Point Drive
      Sandusky, Ohio 44870
      United States

Proposed: Cedar Fair, L.P., a limited partnership legally organized under the laws of Delaware, comprising of Cedar Fair Management, Inc., an Ohio Corporation, having an address of
      One Cedar Point Drive
      Sandusky, Ohio 44870
      United States
      Email Address: XXXX
Correspondence Information (current):
      SUSAN NEUBERGER WELLER
      PRIMARY EMAIL FOR CORRESPONDENCE: snweller@mintz.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jddib@mintz.com; ipdocketingbos@mintz.com; acromanini@mintz.com

The docket/reference number is 020884688T01.
Correspondence Information (proposed):
      Susan Neuberger Weller
      PRIMARY EMAIL FOR CORRESPONDENCE: snweller@mintz.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jddib@mintz.com; ipdocketingbos@mintz.com; acromanini@mintz.com

The docket/reference number is 020884688T01.

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: /Susan Neuberger Weller/     Date: 03/12/2021
Signatory's Name: Susan Neuberger Weller
Signatory's Position: Attorney for applicant (DC Bar Member)

Signatory's Phone Number: 2025853510 Signature method: Sent to third party for signature

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:    SUSAN NEUBERGER WELLER
   MINTZ, LEVIN, COHN, FERRIS, GLOVSKY AND POPEO, P.C
   SUITE 900
   701 PENNSYLVANIA AVENUE, N.W.
   WASHINGTON, District of Columbia 20004
Mailing Address:    Susan Neuberger Weller
   MINTZ, LEVIN, COHN, FERRIS, GLOVSKY AND POPEO, P.C
   SUITE 900
   701 PENNSYLVANIA AVENUE, N.W.
   WASHINGTON, District of Columbia 20004
        
Serial Number: 88696287
Internet Transmission Date: Fri Mar 12 15:25:35 ET 2021
TEAS Stamp: USPTO/ROA-XX.XX.XXX.X-202103121525357345
14-88696287-770fdd8757c5f1af93e6ca941d15
46c17c4cc8a4a0b343d6d21da1c86bcbb722-N/A
-N/A-20210309122901790478