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. 88791866 BREAD(Standard Characters, see http://uspto.report/TM/88791866/mark.png) has been amended as follows:

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

The Examining Attorney refused to register Applicant's BREAD mark due to a likelihood of confusion with U.S. Registration No. 4459754 for BANH 1967 (the "Cited Registration"), owned by James Troy Shull ("Registrant"). Registrant failed to file the required Section 8 declaration on December 31, 2019 or within the six-month grace period ending June 30, 2020. Therefore, the Cited Registration should be cancelled and Applicant's BREAD mark should be allowed to proceed to registration.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Bread Beauty Inc., a corporation of Delaware, having an address of
      631 Wilshire Boulevard #3
      Santa Monica, California 90401
      United States

Proposed: Bread Beauty Inc., a corporation of Delaware, having an address of
      631 Wilshire Boulevard #3
      Santa Monica, California 90401
      United States
      Email Address: XXXX
Correspondence Information (current):
      KELLY P. MCCARTHY
      PRIMARY EMAIL FOR CORRESPONDENCE: kmccarthy@sideman.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarkgroup@sideman.com

The docket/reference number is 11234-3.
Correspondence Information (proposed):
      Kelly P. McCarthy
      PRIMARY EMAIL FOR CORRESPONDENCE: kmccarthy@sideman.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarkgroup@sideman.com

The docket/reference number is 11234-3.

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: /Anna P. Chang/     Date: 07/31/2020
Signatory's Name: Anna P. Chang
Signatory's Position: Associate attorney, Sideman & Bancroft LLP, California Bar member

Signatory's Phone Number: 415-392-1960

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:    KELLY P. MCCARTHY
   SIDEMAN & BANCROFT LLP
   
   ONE EMBARCADERO CENTER, 22ND FLOOR
   SAN FRANCISCO, California 94111
Mailing Address:    Kelly P. McCarthy
   SIDEMAN & BANCROFT LLP
   ONE EMBARCADERO CENTER, 22ND FLOOR
   SAN FRANCISCO, California 94111
        
Serial Number: 88791866
Internet Transmission Date: Fri Jul 31 18:30:56 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020073118305645
8847-88791866-7403128f9cc9ec4801af493edb
01bc2452275958dd419d7a7a367fb8e9ffa8f90-
N/A-N/A-20200731181748052558