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. 88254790 KITTEN (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/88254790/large) 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 the applied-for mark as allegedly likely to be confused with the mark in U.S. Reg. No. 2462568.

SECTION 2(d) REFUSAL - LIKELIHOOD OF CONFUSION

Applicant advises the Examining Attorney that the cited registration has been cancelled on petition by applicant.  Attached hereto is an order of the Trademark Trial and Appeal Board dated July 12, 2019 indicating that applicant’s petition for cancellation was granted and Registration No. 2462568 has been cancelled.

IDENTIFICATION OF GOODS

Applicant has amended the identification of goods in Class 3 to delete the period (.) that appeared after the word “tips” and replaced it with a comma (,), as required by the Examining Attorney.

Conclusion

In light of the cancellation of the only registration cited in the Office Action and the amendment of the identification of goods, it is respectfully submitted that this application should now be accepted for publication.

EVIDENCE
Evidence in the nature of the order from the Trademark Trial and Appeal Board cancelling the cited registration. has been attached.
Original PDF file:
evi_7464224247-20190715154741158591_._KITTEN_Logo_-_Order_from_TTAB_cancelling_registration.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Cosmetics; cosmetics and personal care products, namely, eye pencils, eyeliners, eye shadows, blush, lip gloss, lipstick, lip balm, lip pencils, lip liner, mascaras, facial concealer, foundation makeup; non-medicated skin care preparations, namely, creams, lotions, gels, toners, cleaners, peels, skin moisturizer, night cream, eye cream, non-medicated skin serum; hand lotion, hand cream, body wash for humans, body lotion, body cream, non-medicated body skin serum, bath soap, non-medicated bath salts, non-medicated balm for use on the body after exercise, body sprays, facial cleanser, skin cleanser, body mask, and skin mask; hair shampoo, hair conditioner, hair styling preparations, non-medicated hair treatment preparations for cosmetic purposes; nail polish, nail care preparations, nail grooming products, namely, tips. glue, lacquer and glitter; perfumes, fragrances, colognes
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Cosmetics; cosmetics and personal care products, namely, eye pencils, eyeliners, eye shadows, blush, lip gloss, lipstick, lip balm, lip pencils, lip liner, mascaras, facial concealer, foundation makeup; non-medicated skin care preparations, namely, creams, lotions, gels, toners, cleaners, peels, skin moisturizer, night cream, eye cream, non-medicated skin serum; hand lotion, hand cream, body wash for humans, body lotion, body cream, non-medicated body skin serum, bath soap, non-medicated bath salts, non-medicated balm for use on the body after exercise, body sprays, facial cleanser, skin cleanser, body mask, and skin mask; hair shampoo, hair conditioner, hair styling preparations, non-medicated hair treatment preparations for cosmetic purposes; nail polish, nail care preparations, nail grooming products, namely, tips. glue, lacquer and glitter; nail polish, nail care preparations, nail grooming products, namely, tips, glue, lacquer and glitter; perfumes, fragrances, colognesClass 003 for Cosmetics; cosmetics and personal care products, namely, eye pencils, eyeliners, eye shadows, blush, lip gloss, lipstick, lip balm, lip pencils, lip liner, mascaras, facial concealer, foundation makeup; non-medicated skin care preparations, namely, creams, lotions, gels, toners, cleaners, peels, skin moisturizer, night cream, eye cream, non-medicated skin serum; hand lotion, hand cream, body wash for humans, body lotion, body cream, non-medicated body skin serum, bath soap, non-medicated bath salts, non-medicated balm for use on the body after exercise, body sprays, facial cleanser, skin cleanser, body mask, and skin mask; hair shampoo, hair conditioner, hair styling preparations, non-medicated hair treatment preparations for cosmetic purposes; nail polish, nail care preparations, nail grooming products, namely, tips, glue, lacquer and glitter; perfumes, fragrances, colognes
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

SIGNATURE(S)
Response Signature
Signature: /Martin W. Schiffmiller/     Date: 07/15/2019
Signatory's Name: Martin W. Schiffmiller
Signatory's Position: Attorney

Signatory's Phone Number: 212-697-3750

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88254790
Internet Transmission Date: Mon Jul 15 15:50:22 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019071515502220
6584-88254790-62043458552a518c3cdde4fc21
57fc29eb9391a9edbef13b71592485df29b591b-
N/A-N/A-20190715154741158591