Response to Office Action

CAKE

Cake Enterprises, 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 97975279
LAW OFFICE ASSIGNED LAW OFFICE 114
MARK SECTION
MARK FILE NAME http://uspto.report/TM/97975279/mark.png
LITERAL ELEMENT CAKE
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
GOODS AND/OR SERVICES SECTION (004) (no change)
GOODS AND/OR SERVICES SECTION (011) (no change)
GOODS AND/OR SERVICES SECTION (012) (no change)
GOODS AND/OR SERVICES SECTION (016) (current)
INTERNATIONAL CLASS 016
DESCRIPTION
Pens; Printed notepads; Writing paper pads; Printed calendars; Printed cook books
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (016) (proposed)
INTERNATIONAL CLASS 016
TRACKED TEXT DESCRIPTION
Pens; Printed notepads; Writing paper pads; Printed calendars; Printed cook books; Lanyards for holding name badge holders
FINAL DESCRIPTION
Pens; Printed notepads; Writing paper pads; Printed calendars; Printed cook books; Lanyards for holding name badge holders
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (018) (no change)
GOODS AND/OR SERVICES SECTION (020) (no change)
GOODS AND/OR SERVICES SECTION (021) (no change)
GOODS AND/OR SERVICES SECTION (022)(class deleted)
GOODS AND/OR SERVICES SECTION (026) (no change)
GOODS AND/OR SERVICES SECTION (028) (no change)
GOODS AND/OR SERVICES SECTION (014)(class added)
INTERNATIONAL CLASS 014
DESCRIPTION Lanyards for holding keys
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
FILING BASIS Section 1(b)
CORRESPONDENCE INFORMATION (current)
NAME Joshua M. Gerben, Esq.
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE jgerben@gerbenlawfirm.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) filings@gerbenlawfirm.com
DOCKET/REFERENCE NUMBER 09198-0005
CORRESPONDENCE INFORMATION (proposed)
NAME Joshua M. Gerben, Esq.
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE jgerben@gerbenlawfirm.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) filings@gerbenlawfirm.com
DOCKET/REFERENCE NUMBER 09198-0005
PAYMENT SECTION
TOTAL FEES DUE The undersigned has elected not to submit a fee payment for the class(es), believing no fee payment is required under the Trademark Rules of Practice. The undersigned acknowledges that the USPTO may, upon later review, require a fee payment.
SIGNATURE SECTION
DECLARATION SIGNATURE The undersigned has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice. The undersigned acknowledges that the USPTO may, upon later review, require a signed declaration.
RESPONSE SIGNATURE /Eric Perrott, Esq./
SIGNATORY'S NAME Eric J. Perrott, Esq.
SIGNATORY'S POSITION Authorized Attorney, VA Bar Member
SIGNATORY'S PHONE NUMBER 2025798383
DATE SIGNED 01/13/2023
ROLE OF AUTHORIZED SIGNATORY Authorized U.S.-Licensed Attorney
SIGNATURE METHOD Sent to third party for signature
FILING INFORMATION SECTION
SUBMIT DATE Fri Jan 13 17:31:31 ET 2023
TEAS STAMP USPTO/ROA-XX.XXX.XX.XXX-2
0230113173131261477-97975
279-85083d88f921f7a8c1c80
51ef486e662b441652f81955e
189d5b2264e1a41118a9-N/A-
N/A-20230113140511822583



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. 97975279 CAKE (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9797527 9/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 022 for Lanyards for holding badges or keys

Applicant proposes to amend the following:

Current:
Class 016 for Pens; Printed notepads; Writing paper pads; Printed calendars; Printed cook books
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date. For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: 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: Pens; Printed notepads; Writing paper pads; Printed calendars; Printed cook books; Lanyards for holding name badge holdersClass 016 for Pens; Printed notepads; Writing paper pads; Printed calendars; Printed cook books; Lanyards for holding name badge holders
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date. For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: 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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


Applicant hereby adds the following class of goods/services to the application:
New: Class 014 for Lanyards for holding keys
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date. For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: 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.

Webpage URL: None Provided
Webpage Date of Access: None Provided

Correspondence Information (current):
      Joshua M. Gerben, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: jgerben@gerbenlawfirm.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): filings@gerbenlawfirm.com

The docket/reference number is 09198-0005.
Correspondence Information (proposed):
      Joshua M. Gerben, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: jgerben@gerbenlawfirm.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): filings@gerbenlawfirm.com

The docket/reference number is 09198-0005.

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).


The undersigned has elected not to submit a fee payment for the class(es), believing no fee payment is required under the Trademark Rules of Practice. The undersigned acknowledges that the USPTO may, upon later review, require a fee payment.
SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /Eric Perrott, Esq./     Date: 01/13/2023
Signatory's Name: Eric J. Perrott, Esq.
Signatory's Position: Authorized Attorney, VA Bar Member

Signatory's Phone Number: 2025798383 Signature method: Sent to third party for signature

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:    Joshua M. Gerben, Esq.
   GERBEN PERROTT, PLLC
   1050 CONNECTICUT AVE. NW
   SUITE 500
   WASHINGTON, District of Columbia 20036
Mailing Address:    Joshua M. Gerben, Esq.
   GERBEN PERROTT, PLLC
   1050 CONNECTICUT AVE. NW
   SUITE 500
   WASHINGTON, District of Columbia 20036
        
Serial Number: 97975279
Internet Transmission Date: Fri Jan 13 17:31:31 ET 2023
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2023011317313126
1477-97975279-85083d88f921f7a8c1c8051ef4
86e662b441652f81955e189d5b2264e1a41118a9
-N/A-N/A-20230113140511822583



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