PR-Teas-Response to Post Reg Office Act

Global Format; No Form Number (Rev 8/2009)

OMB No. 0651-0055 (Exp. 07/31/2018)

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Global Format; No Form Number (Rev 8/2009)

OMB No. 0651-0055 (Exp. 07/31/2018)

Response to Office Action for Post-Registration Matters

To the Commissioner for Trademarks:

The following is submitted for registration number. 2526830 ALPAFLOR :

FORM INFORMATION

In response to the sole issue raised in the Office Action, the owner requests that the USPTO withdraw the objection for at least the following reasons and as supported by the following information that was copied directly from the USPTO Assignment Branch database.

More specifically, the designation of a "Netherlands corporation" is the same as a "Netherlands besloten vennootschap" as consistently viewed by the USPTO dating back to at least 1991.  In this regard, please see the  information below that was copied verbatim from the USPTO Assignment Branch database -- and which shows that various "B.V." (Besloten Vennootschap) Netherlands entities have been consistently recognized by the USPTO as Netherlands "corporation[s]." 

The same is true in this case, where the owner can be properly referred to as DSM IP Assets B.V. (a Netherlands besloten vennootschap) or (a Netherlands corporation).  Both are considered correct.  As a result, the owner requests that the USPTO withdraw the objection stated in the Office Action.

Copy of information from the USPTO Assignment Branch database (and which shows four examples of "B.V." (Besloten Vennootschap) Netherlands entities that have been consistently recognized by the USPTO as Netherlands "corporation[s].":

Trademark Assignment Abstract of Title

Total Assignments: 2
Serial #: 74070703 Filing Dt: 06/19/1990 Reg #: 1666335 Reg. Dt: 12/03/1991 Registrant: DSM Resins Benelux B.V. Mark: URALAC
Assignment: 1
Reel/Frame: 1578/0606 Received: 04/28/1997 Recorded: 04/21/1997   Pages: 3 Conveyance: CHANGE OF NAME Assignor: DSM RESINS BENELUX B.V. Exec Dt: 06/28/1996 Entity Type: CORPORATION Citizenship: NETHERLANDS Assignee: DSM RESINS INTERNATIONAL B.V. 3151 XN HOEK VAN HOLLAND SLACHTHUISWEG 30, NETHERLANDS Entity Type: CORPORATION Citizenship: NETHERLANDS Correspondent: CUSHMAN DARBY & CUSHMAN PAUL W. KRUSE 1100 NEW YORK AVENUE, N.W. WASHINGTON, D.C. 20005-3918
Assignment: 2
Reel/Frame: 4651/0486 Received: 10/28/2011 Recorded: 10/28/2011   Pages: 4 Conveyance: CHANGE OF NAME Assignor: DSM RESINS INTERNATIONAL B. V. Exec Dt: 08/30/2004 Entity Type: CORPORATION Citizenship: NETHERLANDS Assignee: DSM COATING RESINS NEDERLAND B. V. SLACHTHUISWEG 30 HOEK VAN HOLLAND, NETHERLANDS 3151 XN Entity Type: CORPORATION Citizenship: NETHERLANDS Correspondent: DUANE M. BYERS NIXON & VANDERHYE P.C. 901 NORTH GLEBE ROAD 11TH FLOOR ARLINGTON, VA 22203

 

 

SIGNATURE(S)
Declaration Signature
The undersigned being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that the facts set forth above are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

Signature: /db/      Date: 04/07/2012
Signatory's Name: Duane Byers
Signatory's Position: Attorney of record, Virginia bar member
Signatory's Phone Number: 7037867421

Submission Signature
Signature: /db/     Date: 04/07/2012
Signatory's Name: Duane Byers
Signatory's Position: Attorney of record, Virginia bar member
Signatory's Phone Number: 7037867421

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the trademark owner's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the trademark owner in this matter: (1) the trademark owner has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the trademark owner has filed a power of attorney appointing him/her in this matter; or (4) the trademark owner's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 76007442
Internet Transmission Date:
TEAS Stamp: USPTO/TRS-XX.XX.XXX.XX-20120407234001808
009-2526830-20120407231954455193-N/A-N/A
-20120407231954455193