Response to Office Action

SPOOKY LIL BITCH

Wine & Crime Podcast, 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 11/30/2023)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88890139
LAW OFFICE ASSIGNED LAW OFFICE 107
MARK SECTION
MARK mark
LITERAL ELEMENT SPOOKY LIL BITCH
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.
ADDITIONAL STATEMENTS SECTION
SUPPLEMENTAL REGISTER The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register').
MISCELLANEOUS STATEMENT The word "Spooky" gives an entirely different connotation, imagery, and meaning to the term "Lil Bitch". There would not be a likelihood of confusion between the two marks due to how different the term "Spooky" characterizes the phrase and how consumers would view such clothing. The imagery of wine, witches, and ghostly themes is unique to the Wine and Crime Podcast and is not similar enough to the referenced mark (Registration #2768683).
CORRESPONDENCE INFORMATION (current)
NAME JAMES L. MOULTRIE III, ESQ.
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE James@hmlaw.la
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
CORRESPONDENCE INFORMATION (proposed)
NAME James L. Moultrie III, Esq.
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE James@hmlaw.la
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
SIGNATURE SECTION
RESPONSE SIGNATURE /James Moultrie/
SIGNATORY'S NAME James Moultrie
SIGNATORY'S POSITION Attorney of Record
SIGNATORY'S PHONE NUMBER 818-923-8078
DATE SIGNED 12/24/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Dec 24 21:51:36 ET 2020
TEAS STAMP USPTO/ROA-XX.XX.XX.XXX-20
201224215136508122-888901
39-750609869e33b50b54c03b
cc5c5f17b0ad5f7cf1e9b42d9
5ac8f86aeda227cb58-N/A-N/
A-20201224214216724247



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 11/30/2023)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 88890139 SPOOKY LIL BITCH(Standard Characters, see http://uspto.report/TM/88890139/mark.png) has been amended as follows:

ADDITIONAL STATEMENTS
Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register').


Miscellaneous Statement
The word "Spooky" gives an entirely different connotation, imagery, and meaning to the term "Lil Bitch". There would not be a likelihood of confusion between the two marks due to how different the term "Spooky" characterizes the phrase and how consumers would view such clothing. The imagery of wine, witches, and ghostly themes is unique to the Wine and Crime Podcast and is not similar enough to the referenced mark (Registration #2768683).

Correspondence Information (current):
      JAMES L. MOULTRIE III, ESQ.
      PRIMARY EMAIL FOR CORRESPONDENCE: James@hmlaw.la
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      James L. Moultrie III, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: James@hmlaw.la
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

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: /James Moultrie/     Date: 12/24/2020
Signatory's Name: James Moultrie
Signatory's Position: Attorney of Record

Signatory's Phone Number: 818-923-8078

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:    JAMES L. MOULTRIE III, ESQ.
   HAYSBERT | MOULTRIE LLP
   
   633 WEST 5TH STREET, 28TH FLOOR
   LOS ANGELES, California 90071
Mailing Address:    James L. Moultrie III, Esq.
   HAYSBERT | MOULTRIE LLP
   633 WEST 5TH STREET, 28TH FLOOR
   LOS ANGELES, California 90071
        
Serial Number: 88890139
Internet Transmission Date: Thu Dec 24 21:51:36 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20201224215136508
122-88890139-750609869e33b50b54c03bcc5c5
f17b0ad5f7cf1e9b42d95ac8f86aeda227cb58-N
/A-N/A-20201224214216724247



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