Tickle Me Pink


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

Citizenship: U.S.A.



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
class 35.

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.

Respectfully submitted,

Dated: November 20, 2007
nls F. Armijo, Esq.
Reg. No. 34,116

Dennis F. Armijo, Esq.
6300 Montano Rd., NW, Suite D
Albuquerque, NM 87120

Telephone: (505) 899-0269
Facsimile: (505) 890-3431

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.