Tickle Me Pink
Shop-at-home parties featuring goods, namely, sexual aids
United States Patent and Trademark Office (USPTO)
Office Action Response
Outgoing Trademark Office Action
Trademark Office Action Response
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
Mark: Tickle Me Pink
Int. Class: 35
Applicant: Tickle Me Pink, LLC
Business Address: 1321 Sunset Road, NW
Albuquerque, New Mexico 87105
Serial No. 77/099,523
State of Organization: New Mexico
TO THE COMMISSIONER OF PATENTS AND TRADEMARKS
ATTN: Commissioner for Trademarks
PO Box 1451
Alexandria, VA 22313-1451
Examining Attorney: James W. Stein, Trademark Examining Attorney
Law Office 107
This paper is in response to the office action of May 23, 2007. Please amend the
identification of goods and services, as follows:
I hereby certify that this correspondence is being
deposited with the United States Postal Service
as first class mail in an envelope addressed to:
ATTN: Commissioner for Trademarks, PO Box
1451, Alexandria, VA 22313-1451, Attention:
Examiner James W. Stein, on thepao day of
(by. , 2007.
‘ . rmij, ,
Date Signed: November 20, 2007
Attached to this document are substitute specimens:
Exhibit 1 is an invitation to a shop-at-home bachelorette party;
Exhibit 2 is an invitation to a shop-at-home party;
Exhibit 3 is an order form for use at a shop-at-home party; and
Exhibit 4 is a catalog for use at a shop-at-home party.
A declaration by the Applicant regarding the substitute specimens in compliance
with 37 CFR § 2.20 is attached.
Please amend the identification of the services as follows;
Shop-at-home parties featuring services, namely sexual aids, in international
This paper is filed in response to the Office Action of May 23, 2007.
The Examiner indicated that the mark in the application differs from the
submitted specimen. The Examiner indicated that the novel spelling of the word
partez is not separable from the other terms in the specimen, thus is not
sufficient for the application for the mark. The Applicant disputes this contention.
The services that are being performed that use this applied for mark, are for
parties. As can be seen in the substitute specimens, the words Tickle Me Pink”
are separate and distinct from the word partez in font and color. Further,
Exhibit 1, distinguishes the word partez further by including the word
bachelorette before it. In addition, the remaining substitute specimens, Exhibits
3 and 4 do not contain the word partez or any other version of the word party.
Thus with this explanation and the substitute specimens, this objection has been
overcome. Please note that a declaration with the word suggested by the
Examiner concerning the substitute specimens is being submitted herewith.
The Examiner indicated that the identification of the goods and services
was unacceptable and indefinite. The Examiner further suggested language to
overcome this objection. The identification has been amended as suggested by
the Examiner, thus this objection has also been overcome.
It is noted that the Examining Attorney has searched the Office records
and has found no similar registered or pending mark which would bar the
registration under Trademark Act Section 2(d), 15 U.S.C. § 1052(d). Therefore,
with the amendments as set forth above, it appears that this mark is in condition
for publication. Should the Examiner have any questions, he is invited to call the
undersigned collect at (505) 899-0269.
The Commissioner is authorized to charge any fees or credit any
overpayment under 37 C.F.R. §§ 1.16 and 1.17 which may be required during the
entire pendency of the application to Deposit Account No. 01-2335.
Dated: November 20, 2007
nls F. Armijo, Esq.
Reg. No. 34,116
Dennis F. Armijo, Esq.
DENNIS F. ARMIJO, RC.
6300 Montano Rd., NW, Suite D
Albuquerque, NM 87120
Telephone: (505) 899-0269
Facsimile: (505) 890-3431
DECLARATION OF APPLICANT
The substitute specimens were in use in commerce at least as early as
the filing date of the application.
The undersigned being warned that willful false statements and the like
are pun ish abl e by fine or imp ris onm ent , or both , und er 18 U.S .C. §10 01, and that
such willful false statements and the like may jeopardize the validity of the
application or document or any registration resulting therefrom, declares that all
statements made of her own knowledge are true; and all statements made on
information and belief are believed to be true.
MICH LE TRUJILLO
TICKLE ME PINK, LLC, Applicant