| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
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| SERIAL NUMBER | 76349440 | |
| MARK SECTION (no change) | ||
| ARGUMENT(S) | ||
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IN THE UNITED STATES PATENT AND TRADEMARK OFFICE In re Application of ) ) King Koil Licensing Company, Inc. ) Examining Attorney: ) Filing Date: December 14, 2001 ) Brian J. Pino ) Mark: COMFORT SOLUTIONS ) Law Office 114 ) ) Serial No.: 76/349,440 ) ) Our Reference No.: 42405.110T1 ) RESPONSE TO OFFICE ACTION To: Commissioner for Trademarks 2900 Crystal Drive Arlington, Virginia 22202-3514 Dear Sir: In response to the Office Action mailed June 17, 2004, Applicant respectfully requests the Examining Attorney to reconsider and withdraw the refusal to register the subject-mark in view of the following Remarks. REMARKS The Examining Attorney has refused registration of the subject mark on the Principal Register on the basis that the Applicant has failed to file an acceptable specimen. Based upon Examining Attorney's request, Applicant hereby submits a substitute specimen. The substitute specimen includes a photograph of the product, i.e., a mattress prominently displaying the subject-mark. Accordingly, Applicant respectfully requests that the Examining Attorney withdraw all outstanding rejections of the subject mark. CONCLUSION In light of the foregoing Remarks, Applicant submits that it has alleviated all cited informalities and traversed all outstanding rejections. Therefore, Applicant respectfully submits that the subject application be passed to registration. Dated: December 15, 2004 Respectfully submitted, KING KOIL LICENSING COMPANY By: John A. Cullis Neal, Gerber & Eisenberg LLP 2 North La Salle Street, Suite 2200 Chicago, Illinois 60602 (312) 269-8000 I hereby certify that this correspondence is being deposited with the United States Postal Service as first class mail in an envelope addressed to: Assistant Commissioner for Trademarks, 2900 Crystal Drive, Arlington, Virginia 22202-3513 on December 15, 2004. ____________________________________________________________________________________________
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| EVIDENCE SECTION | ||
| EVIDENCE FILE NAME | \\TICRS\EXPORT11\IMAGEOUT 11\763\494\76349440\xml2\ ROA0002.JPG | |
| DESCRIPTION OF EVIDENCE FILE | Substitute specimen. | |
| EVIDENCE FILE NAME | \\TICRS\EXPORT11\IMAGEOUT 11\763\494\76349440\xml2\ ROA0003.JPG | |
| DESCRIPTION OF EVIDENCE FILE | Page one of Declaration of Larry McKay. | |
| EVIDENCE FILE NAME | \\TICRS\EXPORT11\IMAGEOUT 11\763\494\76349440\xml2\ ROA0004.JPG | |
| DESCRIPTION OF EVIDENCE FILE | Page two of Declaration of Larry McKay. | |
| GOODS AND/OR SERVICES SECTION (no change) | ||
| SIGNATURE SECTION | ||
| SIGNATORY FILE | Signature | |
| SIGNATURE | /john a. cullis/ | |
| SIGNATORY NAME | John A. Cullis | |
| SIGNATORY POSITION | Attorney of Record | |
| SIGNATORY DATE | 12/15/2004 | |
| FILING INFORMATION SECTION | ||
| SUBMIT DATE | Wed Dec 15 19:18:15 EST 2004 | |
| TEAS STAMP | USPTO/OA-XXXXXXXXXXX-2004 1215191815530192-76349440 -200cf6d4c8bfe1a5265a268f a65b9ab8da-N-N-2004121519 1555070138 |
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| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 76349440 is amended as follows: | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
|
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE In re Application of ) ) King Koil Licensing Company, Inc. ) Examining Attorney: ) Filing Date: December 14, 2001 ) Brian J. Pino ) Mark: COMFORT SOLUTIONS ) Law Office 114 ) ) Serial No.: 76/349,440 ) ) Our Reference No.: 42405.110T1 ) RESPONSE TO OFFICE ACTION To: Commissioner for Trademarks 2900 Crystal Drive Arlington, Virginia 22202-3514 Dear Sir: In response to the Office Action mailed June 17, 2004, Applicant respectfully requests the Examining Attorney to reconsider and withdraw the refusal to register the subject-mark in view of the following Remarks. REMARKS The Examining Attorney has refused registration of the subject mark on the Principal Register on the basis that the Applicant has failed to file an acceptable specimen. Based upon Examining Attorney's request, Applicant hereby submits a substitute specimen. The substitute specimen includes a photograph of the product, i.e., a mattress prominently displaying the subject-mark. Accordingly, Applicant respectfully requests that the Examining Attorney withdraw all outstanding rejections of the subject mark. CONCLUSION In light of the foregoing Remarks, Applicant submits that it has alleviated all cited informalities and traversed all outstanding rejections. Therefore, Applicant respectfully submits that the subject application be passed to registration. Dated: December 15, 2004 Respectfully submitted, KING KOIL LICENSING COMPANY By: John A. Cullis Neal, Gerber & Eisenberg LLP 2 North La Salle Street, Suite 2200 Chicago, Illinois 60602 (312) 269-8000 I hereby certify that this correspondence is being deposited with the United States Postal Service as first class mail in an envelope addressed to: Assistant Commissioner for Trademarks, 2900 Crystal Drive, Arlington, Virginia 22202-3513 on December 15, 2004. ____________________________________________________________________________________________
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| Evidence | |
| Evidence in the nature of Substitute specimen. has been attached. | |
| Evidence-1 | |
| Evidence in the nature of Page one of Declaration of Larry McKay. has been attached. | |
| Evidence-2 | |
| Evidence in the nature of Page two of Declaration of Larry McKay. has been attached. | |
| Evidence-3 | |
| Response Signature | |
| Signature: /john a. cullis/ Date: 12/15/2004 | |
| Signatory's Name: John A. Cullis | |
| Signatory's Position: Attorney of Record | |
| Signatory File | |
| Signature | |
| Serial Number: 76349440 | |
| Internet Transmission Date: Wed Dec 15 19:18:15 EST 2004 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXXXX-2004121519181553019 2-76349440-200cf6d4c8bfe1a5265a268fa65b9 ab8da-N-N-20041215191555070138 |
