Response to Office Action

MYKONOS

LXL Group Inc.

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

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 90019563
LAW OFFICE ASSIGNED LAW OFFICE 127
MARK SECTION
MARK mark
LITERAL ELEMENT MYKONOS
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.
ARGUMENT(S)
The Examining Attorney refuses registration in view of prior US trademark registration number 4601309. It is noted that the registration is within six days of being canceled for non-renewal. It is requested that the present application be suspended pending the cancelation of the cited registration. The Examiner professes not to be able to figure out who the attorney is who is representing the applicant in this case. From the Office Action itself it is easy to figure this out. The Office Action itself is addressed to: OPPEDAHL PATENT LAW FIRM LLC CARL OPPEDAHL P O BOX 351240 WESTMINSTER, CO 80035 It is easy to see that the applicant is represented by "Carl Oppedahl" of "Oppedahl Patent Law Firm LLC". The attorney provided bar information on filing day and the bar information was in the application on the day the application was filed, including the state of bar admission and the bar number as well as the year of admission to practice and a representation of being admitted to the highest court. The fields in the application as filed were completed so as to ensure that the firm name would (correctly) be the first line in the mailing address when the USPTO mails out the registration certificate. It seems that the Examining Attorney wants to switch these two fields. If the Examining Attorney is unwilling to proceed without these two fields being swapped, then of course the Examining attorney should swap the two fields. This will then make the mailing address worse and will risk misrouting by the postal service when the USPTO mails out the registration certificate. But if that happens, the USPTO will simply have to prepare and mail out a replacement certificate.
CORRESPONDENCE INFORMATION (current)
NAME OPPEDAHL PATENT LAW FIRM LLC
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE docket-oppedahl@oppedahl.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
DOCKET/REFERENCE NUMBER LX01.T018
CORRESPONDENCE INFORMATION (proposed)
NAME Oppedahl Patent Law Firm LLC
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE docket-oppedahl@oppedahl.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
DOCKET/REFERENCE NUMBER LX01.T018
SIGNATURE SECTION
RESPONSE SIGNATURE /s/
SIGNATORY'S NAME Carl Oppedahl
SIGNATORY'S POSITION attorney
DATE SIGNED 03/03/2021
ROLE OF AUTHORIZED SIGNATORY Authorized U.S.-Licensed Attorney
SIGNATURE METHOD Signed directly within the form
FILING INFORMATION SECTION
SUBMIT DATE Wed Mar 03 18:12:05 ET 2021
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20210303181205515981-9001
9563-770e675f38cb114e8556
9531ecefeaf544fc4c028af9f
1298c1e47d6ce43c89a-N/A-N
/A-20210303180737581604



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. 90019563 MYKONOS(Standard Characters, see http://uspto.report/TM/90019563/mark.png) has been amended as follows:

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

The Examining Attorney refuses registration in view of prior US trademark registration number 4601309. It is noted that the registration is within six days of being canceled for non-renewal. It is requested that the present application be suspended pending the cancelation of the cited registration. The Examiner professes not to be able to figure out who the attorney is who is representing the applicant in this case. From the Office Action itself it is easy to figure this out. The Office Action itself is addressed to: OPPEDAHL PATENT LAW FIRM LLC CARL OPPEDAHL P O BOX 351240 WESTMINSTER, CO 80035 It is easy to see that the applicant is represented by "Carl Oppedahl" of "Oppedahl Patent Law Firm LLC". The attorney provided bar information on filing day and the bar information was in the application on the day the application was filed, including the state of bar admission and the bar number as well as the year of admission to practice and a representation of being admitted to the highest court. The fields in the application as filed were completed so as to ensure that the firm name would (correctly) be the first line in the mailing address when the USPTO mails out the registration certificate. It seems that the Examining Attorney wants to switch these two fields. If the Examining Attorney is unwilling to proceed without these two fields being swapped, then of course the Examining attorney should swap the two fields. This will then make the mailing address worse and will risk misrouting by the postal service when the USPTO mails out the registration certificate. But if that happens, the USPTO will simply have to prepare and mail out a replacement certificate.
Correspondence Information (current):
      OPPEDAHL PATENT LAW FIRM LLC
      PRIMARY EMAIL FOR CORRESPONDENCE: docket-oppedahl@oppedahl.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is LX01.T018.
Correspondence Information (proposed):
      Oppedahl Patent Law Firm LLC
      PRIMARY EMAIL FOR CORRESPONDENCE: docket-oppedahl@oppedahl.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is LX01.T018.

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: /s/     Date: 03/03/2021
Signatory's Name: Carl Oppedahl
Signatory's Position: attorney
Signature method: Signed directly within the form

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:    OPPEDAHL PATENT LAW FIRM LLC
   CARL OPPEDAHL
   
   P O BOX 351240
   WESTMINSTER, Colorado 80035
Mailing Address:    Oppedahl Patent Law Firm LLC
   CARL OPPEDAHL
   P O BOX 351240
   WESTMINSTER, Colorado 80035
        
Serial Number: 90019563
Internet Transmission Date: Wed Mar 03 18:12:05 ET 2021
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202103031812055
15981-90019563-770e675f38cb114e85569531e
cefeaf544fc4c028af9f1298c1e47d6ce43c89a-
N/A-N/A-20210303180737581604



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