| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
| Input Field |
Entered |
| SERIAL NUMBER | 76321686 |
| LAW OFFICE ASSIGNED | LAW OFFICE 109 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
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This application has been reviewed in light of the Office Action dated October 24, 2006. In the Office Action, the Examining Attorney requests a Disclaimer in the response to the Office Action.
It is respectfully submitted that the rejection based on descriptiveness should be withdrawn. Generally, "plasma cam" has no recognized meaning and no definite meaning can be determined from the same.
More particularly, the trademark "plasma cam" is at most suggestive. Cam has only one proper meaning, namely a mechanical part for changing rotary motion in two linear motion. "Plasma" can refer to a fraction of whole blood, and a "plasma cam", even if one assumes that the word cam refers to a camera, can refer to a camera for inspecting blood. Thus, the mark "plasma cam" is not descriptive, and is that most suggestive. Some measure of imagination and speculation is needed in order to come to a description of the spectrographic instrumentation identified in the application.
"Plasma" can also refer to milk, or liquid material that can be expressed from a muscle during use. "Plasma" also refers to certain translucent stones generally having a green color and the chemical composition of quartz. One could imagine each of these being associated with a camera, for one reason or another, assuming that "cam" refers to a camera.
Thus, there are numerous meanings for the term "plasma" which a person hearing the mark or seeing the mark may be led to speculate about. Numerous logical constructions may be postulated by a person upon encountering the subject trademark. However, no definite or descriptive meaning is apparent. Accordingly, it is respectfully submitted that the descriptive rejection should be withdrawn.
Applicant respectfully submits that the Examining Attorney’s objection has been addressed. For the foregoing reasons, Applicant requests that the Examining Attorney move the present application to allowance and registration of Applicant’s mark, PLASMA CAM.
Please do not hesitate to call or write should you have any questions or comments regarding this response and request for amendment. Please charge any deficiency as well as any other fees that may become due at any time during the pendency of this application, or credit any over payment of such fees to Deposit Account No. 50-0369.
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| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /s/Anthony H. Handal/ |
| SIGNATORY'S NAME | Anthony H. Handal |
| SIGNATORY'S POSITION | Attorney of record |
| DATE SIGNED | 04/20/2007 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Fri Apr 20 12:50:00 EDT 2007 |
| TEAS STAMP | USPTO/ROA-XX.XX.XXX.XX-20 070420125000121901-763216 86-370341f165d54eb23d5b27 bb33b1cb5dc2-N/A-N/A-2007 0420124524789389 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
This application has been reviewed in light of the Office Action dated October 24, 2006. In the Office Action, the Examining Attorney requests a Disclaimer in the response to the Office Action.
It is respectfully submitted that the rejection based on descriptiveness should be withdrawn. Generally, "plasma cam" has no recognized meaning and no definite meaning can be determined from the same.
More particularly, the trademark "plasma cam" is at most suggestive. Cam has only one proper meaning, namely a mechanical part for changing rotary motion in two linear motion. "Plasma" can refer to a fraction of whole blood, and a "plasma cam", even if one assumes that the word cam refers to a camera, can refer to a camera for inspecting blood. Thus, the mark "plasma cam" is not descriptive, and is that most suggestive. Some measure of imagination and speculation is needed in order to come to a description of the spectrographic instrumentation identified in the application.
"Plasma" can also refer to milk, or liquid material that can be expressed from a muscle during use. "Plasma" also refers to certain translucent stones generally having a green color and the chemical composition of quartz. One could imagine each of these being associated with a camera, for one reason or another, assuming that "cam" refers to a camera.
Thus, there are numerous meanings for the term "plasma" which a person hearing the mark or seeing the mark may be led to speculate about. Numerous logical constructions may be postulated by a person upon encountering the subject trademark. However, no definite or descriptive meaning is apparent. Accordingly, it is respectfully submitted that the descriptive rejection should be withdrawn.
Applicant respectfully submits that the Examining Attorney’s objection has been addressed. For the foregoing reasons, Applicant requests that the Examining Attorney move the present application to allowance and registration of Applicant’s mark, PLASMA CAM.
Please do not hesitate to call or write should you have any questions or comments regarding this response and request for amendment. Please charge any deficiency as well as any other fees that may become due at any time during the pendency of this application, or credit any over payment of such fees to Deposit Account No. 50-0369.