| Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form No Form Number (Rev 01/2012) |
| OMB No. 0651-0055 (Exp 10/31/2021) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 75541598 |
| REGISTRATION NUMBER | 2416794 |
| MARK SECTION | |
| MARK FILE NAME | http://uspto.report/TM/75541598/mark.png |
| FORM TEXT | |
|
Mark: Misc. Design (Catalog Cover in Robin’s Egg Blue) Reg. No. 2416794
This is in response to the Post-Registration Office Action dated March 27, 2019, refusing the Section 7 Amendment filed on December 17, 2018. Remarks The Post-Registration Office Action refused the Section 7 Amendment on the ground that it did not include a request to delete the lining statement such that the additional statements in the registration agree with the amended mark. Registrant requests that the following lining and stippling statement be removed “The drawing is lined for the color blue, and color is a feature of the mark.” The Office Action further requested a current specimen showing use of the mark. Registrant submits that Under TMEP Section 1609.02 (e) no specimen is required as Registrant is merely substituting a color drawing for a legally equivalent black-and-white drawing and is not amending the mark. With the above, Registrant respectfully requests that the Section 7 Amendment be accepted. If any fees are due, please charge our deposit account #230825.
SPECIMEN DESCRIPTION Under TMEP Section 1609.02 (e) no specimen is required as Registrant is merely substituting a color drawing for a legally equivalent black-and-white drawing and is not amending the mark. |
|
| Substitute specimen bypass warning provided | The filer has elected to bypass the checkbox indicating that a substitute specimen was in use in commerce during the relevant period for filing the 6-year or 10-year Section 8/71. |
| SIGNATURE SECTION | |
| 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. |
| SUBMISSION SIGNATURE | /kl/ |
| SIGNATORY'S NAME | KAREN LIM |
| SIGNATORY'S POSITION | Attorney for Registrant |
| SIGNATORY'S PHONE NUMBER | 2128135900 |
| DATE SIGNED | 03/28/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Mon Apr 01 16:54:13 EDT 2019 |
| TEAS STAMP | USPTO/TRS-XXX.XX.XXX.XXX- 20190401165413440984-2416 794-20190328170716356051- N/A-N/A-20190328170716356 051 |
| Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form No Form Number (Rev 01/2012) |
| OMB No. 0651-0055 (Exp 10/31/2021) |
Mark: Misc. Design (Catalog Cover in Robin’s Egg Blue)
Reg. No. 2416794
This is in response to the Post-Registration Office Action dated March 27, 2019, refusing the Section 7 Amendment filed on December 17, 2018.
Remarks
The Post-Registration Office Action refused the Section 7 Amendment on the ground that it did not include a request to delete the lining statement such that the additional statements in the registration agree with the amended mark. Registrant requests that the following lining and stippling statement be removed “The drawing is lined for the color blue, and color is a feature of the mark.”
The Office Action further requested a current specimen showing use of the mark. Registrant submits that Under TMEP Section 1609.02 (e) no specimen is required as Registrant is merely substituting a color drawing for a legally equivalent black-and-white drawing and is not amending the mark.
With the above, Registrant respectfully requests that the Section 7 Amendment be accepted.
If any fees are due, please charge our deposit account #230825.