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`Sent: 12/6/2014 6:04:40 PM
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`To: TTAB EFiling
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`CC:
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`Subject: U.S. TRADEMARK APPLICATION NO. 85781180 - YOUTH PRIDE CHORUS - N/A - Request for
`Reconsideration Denied - Return to TTAB
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`
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`*************************************************
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`Attachment Information:
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`Count: 1
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`Files: 85781180.doc
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`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
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`*85781180*
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`U.S. APPLICATION SERIAL NO. 85781180
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`
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`MARK: YOUTH PRIDE CHORUS
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`CORRESPONDENT ADDRESS:
` JASON M. VOGEL
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` KILPATRICK TOWNSEND & STOCKTON LLP
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` 1114 AVENUE OF THE AMERICAS
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`GENERAL TRADEMARK INFORMATION:
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` NEW YORK, NY 10036-7703
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`http://www.uspto.gov/trademarks/index.jsp
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`
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`VIEW YOUR APPLICATION FILE
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`APPLICANT: Big Apple Performing Arts, Inc.
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`CORRESPONDENT’S REFERENCE/DOCKET NO:
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` N/A
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`CORRESPONDENT E-MAIL ADDRESS:
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` NYTrademarks@KilpatrickTownsend.com
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`REQUEST FOR RECONSIDERATION DENIED
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`ISSUE/MAILING DATE: 12/6/2014
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`The trademark examining attorney has carefully reviewed applicant’s request for reconsideration and is
`denying the request for the reasons stated below. See 37 C.F.R. §2.64(b); TMEP §§715.03(a)(2)(B),
`(a)(2)(E), 715.04(a). The Final Refusals, 2(e)(1) Merely Descriptive Refusal and the Arguments and
`Evidence in Support of the 2(f) claim of Acquired Distinctiveness, Insufficient to Establish Secondary
`Meaning in the Final Office action dated May 7, 2014 are both maintained and continue to be final. See
`TMEP §§715.03(a)(2)(B), (a)(2)(E), 715.04(a).
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`
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`In the present case, applicant’s request does not raise a new issue or provide any new or compelling
`evidence with regard to the outstanding Refusals in the final Office action. Applicant submitted three
`additional Declarations in Support of Acquired Distinctiveness of the mark, and the same evidence listing
`its media presence and public performances. In addition, applicant’s analysis and arguments are not
`persuasive nor do they shed new light on the issues. Accordingly, the request is denied.
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`
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`The filing of a request for reconsideration does not extend the time for filing a proper response to a final
`Office action or an appeal with the Trademark Trial and Appeal Board (Board), which runs from the date
`the final Office action was issued/mailed. See 37 C.F.R. §2.64(b); TMEP §715.03, (a)(2)(B), (a)(2)(E), (c).
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`
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`If time remains in the six-month response period to the final Office action, applicant has the
`remainder of the response period to comply with and/or overcome any outstanding final
`requirement(s) and/or refusal(s) and/or
`to file an appeal with
`the Board.
` TMEP
`§715.03(a)(2)(B), (c). However, if applicant has already filed a timely notice of appeal with the
`Board, the Board will be notified to resume the appeal. See TMEP §715.04(a).
`
`
`
`/Odessa Bibbins/
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`Attorney Advisor
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`Law Office 118
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`Odessa.Bibbins@USPTO.GOV
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`571-272-9425 :Telephone
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`571-273-9425: Fax
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