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. 88832834 NEO (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8883283 4/large) has been amended as follows:

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

Regarding the Section 2(d) refusal corresponding to trademark registration no. 4418738 ("NEO"), the prior registration has been cancelled as of June 5, 2020. Accordingly, Applicant's representative respectfully requests that this refusal be withdrawn.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 025 for Clothing, namely, cheerleading uniforms, practice wear, warmups, tank tops, tee shirts, longsleeve shirts, crewneck shirts, hoodies, zip ups, sports bras, shorts, leggings, doll outfits and accessories
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/01/2018 and first used in commerce at least as early as 04/01/2018 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Clothing, namely, cheerleading uniforms, practice wear, warmups, tank tops, tee shirts, longsleeve shirts, crewneck shirts, hoodies, zip ups, sports bras, shorts, leggings, doll outfits and accessories; Clothing, namely, cheerleading uniforms, warm-up suits, tank tops, tee shirts, long-sleeved shirts, crewneck shirts, hoodies, sweatshirts, sports bras, shorts, and leggingsClass 025 for Clothing, namely, cheerleading uniforms, warm-up suits, tank tops, tee shirts, long-sleeved shirts, crewneck shirts, hoodies, sweatshirts, sports bras, shorts, and leggings
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/01/2018 and first used in commerce at least as early as 04/01/2018 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Description of mark
The mark consists of NEO in uppercase red lettering, outlined in black and again in grey, with a red zig zag line extending from each side of the letters and outlined in grey. The color white is background only and is not part of the mark.
Correspondence Information (current):
      ROSS M. KOWALSKI
      PRIMARY EMAIL FOR CORRESPONDENCE: ross.kowalski@tuckerellis.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@tuckerellis.com

The docket/reference number is 015855-00004.
Correspondence Information (proposed):
      Ross M. Kowalski
      PRIMARY EMAIL FOR CORRESPONDENCE: ross.kowalski@tuckerellis.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@tuckerellis.com

The docket/reference number is 015855-00004.

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: /Ross M. Kowalski/     Date: 06/22/2020
Signatory's Name: Ross M. Kowalski
Signatory's Position: Attorney of record, Ohio bar member

Signatory's Phone Number: 216-696-2840

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:    ROSS M. KOWALSKI
   TUCKER ELLIS LLP
   
   950 MAIN AVE., SUITE 1100
   CLEVELAND, Ohio 44113
Mailing Address:    Ross M. Kowalski
   TUCKER ELLIS LLP
   950 MAIN AVE., SUITE 1100
   CLEVELAND, Ohio 44113
        
Serial Number: 88832834
Internet Transmission Date: Mon Jun 22 16:21:01 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200622162101
362754-88832834-7104ffdc138a82f2ccc195de
ebe4cd33817dd7da577f4d17e93e122b21697e3-
N/A-N/A-20200622160640211275