| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 76393498 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
| The Examining Attorney has refused registration based on a finding of likelihood of confusion with U.S. registration no. 2581048 for PORTERWEAR, for Class 25 goods. In a telephone conference with the Examining Attorney on April 22, 2004, the Examining Attorney indicated that if applicant deleted in its entirety the identification of goods for Class 25 for the present application, and retains the goods in Classes 9 and 14, that the refusal should be reversed, since there would be no likelihood of confusion. Accordingly, applicant herein deletes in its entirety Class 25 goods. It is respectfully requested that applicant retain the identification of goods in Classes 9 and 14. It is noted that in a review of the TARR records for the present application on May 6, 2004, the undersigned attorney, Diana Michelle Sobo, discovered that the wrong identification of goods had been entered by the Trademark Office for Class 9. That is, the same identification was listed for Class 9 goods as for Class 25 goods. Clearly, this is the result of a clerical error on the part of the Trademark Office. In a response to telephone messages left by the undersigned attorney, both Senior Attorney Andrew Lawrence and Examining Attorney Andrea Saunders left voice messages for the undersigned attorney on May 7, 2004, confirming that the error did indeed result from a clerical oversight on the part of the Office, and that such error should not affect applicant's ability to retain its intended identification of Class 9 goods. Accordingly, applicant respectfully requests that the correct identification of goods for Class 9, as amended in its response of January 29, 2003, be retained. Applicant also requests that the correct identification of goods for Class 14, as amended in its response of August 25, 2003, be retained. Since applicant has herein deleted all Class 25 goods, and since it is understood that the prior registration was cited as a bar to registration of the present mark only in relation to Class 25 goods, applicant respectfully requests reversal of the refusal to register, and for the application to be allowed for publication, at an early date. | |
| GOODS AND/OR SERVICES SECTION (1st class)(no change) | |
| GOODS AND/OR SERVICES SECTION (2nd class)(current) | |
| INTERNATIONAL CLASS | 014 |
| DESCRIPTION | |
| CLOCKS, WATCHES, DIVING WATCHES, CHRONOGRAPHS FOR USE AS WATCHES; CHRONOMETRICAL INSTRUMENTS, NAMELY WATCHES, CLOCKS, AND CHRONOMETERS; CUFF LINKS, TIE CLIPS; JEWELRY CASES OF PRECIOUS METAL; BROOCHES, NECKLACES, BRACELETS, RINGS, EARRINGS; NON-MONETARY AND COMMEMORATIVE GOLD-PLATED OR SILVER-PLATED COINS; KITCHEN UTENSILS OF PRECIOUS METAL, NAMELY PLATES, CUPS, AND CANDLESTICK HOLDERS | |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (2nd class)(proposed) | |
| INTERNATIONAL CLASS | 014 |
| DESCRIPTION | |
| CLOCKS, WATCHES, DIVING WATCHES, CHRONOGRAPHS FOR USE AS WATCHES; CHRONOMETRICAL INSTRUMENTS, NAMELY WATCHES, CLOCKS, AND CHRONOMETERS; CUFF LINKS, TIE CLIPS; JEWELRY CASES OF PRECIOUS METAL; BROOCHES, NECKLACES, BRACELETS, RINGS, EARRINGS; NON-MONETARY AND COMMEMORATIVE GOLD-PLATED OR SILVER-PLATED COINS; KITCHEN UTENSILS OF PRECIOUS METAL, NAMELY PLATES, CUPS, AND CANDLESTICK HOLDERS | |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (3rd class)(class deleted) | |
| INTERNATIONAL CLASS | 025 |
| DESCRIPTION | |
| Clothing; men's, women's jackets, shirts, trousers, suits, scarves, clothing belts, hats, gloves, socks, ties, neckties, shoes, boots, sandals and slippers | |
| FILING BASIS | Section 1(b) |
| SIGNATURE SECTION | |
| SIGNATURE | /dmsobo/ |
| SIGNATORY NAME | Diana Michelle Sobo |
| SIGNATORY POSITION | Attorney for applicant |
| SIGNATORY DATE | 05/07/2004 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Fri May 07 11:44:10 EDT 2004 |
| TEAS STAMP | USPTO/OA-XXXXXXXX-2004050 7114410044049-76393498-20 05653cf58be58aaec743147a2 cf0eed1-N-N-2004050711375 5156225 |
| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 76393498 is amended as follows: | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
| The Examining Attorney has refused registration based on a finding of likelihood of confusion with U.S. registration no. 2581048 for PORTERWEAR, for Class 25 goods. In a telephone conference with the Examining Attorney on April 22, 2004, the Examining Attorney indicated that if applicant deleted in its entirety the identification of goods for Class 25 for the present application, and retains the goods in Classes 9 and 14, that the refusal should be reversed, since there would be no likelihood of confusion. Accordingly, applicant herein deletes in its entirety Class 25 goods. It is respectfully requested that applicant retain the identification of goods in Classes 9 and 14. It is noted that in a review of the TARR records for the present application on May 6, 2004, the undersigned attorney, Diana Michelle Sobo, discovered that the wrong identification of goods had been entered by the Trademark Office for Class 9. That is, the same identification was listed for Class 9 goods as for Class 25 goods. Clearly, this is the result of a clerical error on the part of the Trademark Office. In a response to telephone messages left by the undersigned attorney, both Senior Attorney Andrew Lawrence and Examining Attorney Andrea Saunders left voice messages for the undersigned attorney on May 7, 2004, confirming that the error did indeed result from a clerical oversight on the part of the Office, and that such error should not affect applicant's ability to retain its intended identification of Class 9 goods. Accordingly, applicant respectfully requests that the correct identification of goods for Class 9, as amended in its response of January 29, 2003, be retained. Applicant also requests that the correct identification of goods for Class 14, as amended in its response of August 25, 2003, be retained. Since applicant has herein deleted all Class 25 goods, and since it is understood that the prior registration was cited as a bar to registration of the present mark only in relation to Class 25 goods, applicant respectfully requests reversal of the refusal to register, and for the application to be allowed for publication, at an early date. | |
| Classification and Listing of Goods/Services | |
| Applicant hereby deletes the following class of goods/services from the application. | |
| Class 025 for Clothing; men's, women's jackets, shirts, trousers, suits, scarves, clothing belts, hats, gloves, socks, ties, neckties, shoes, boots, sandals and slippers | |
| Applicant hereby amends the following class of goods/services in the application as follows: | |
| Current: Class 014 for CLOCKS, WATCHES, DIVING WATCHES, CHRONOGRAPHS FOR USE AS WATCHES; CHRONOMETRICAL INSTRUMENTS, NAMELY WATCHES, CLOCKS, AND CHRONOMETERS; CUFF LINKS, TIE CLIPS; JEWELRY CASES OF PRECIOUS METAL; BROOCHES, NECKLACES, BRACELETS, RINGS, EARRINGS; NON-MONETARY AND COMMEMORATIVE GOLD-PLATED OR SILVER-PLATED COINS; KITCHEN UTENSILS OF PRECIOUS METAL, NAMELY PLATES, CUPS, AND CANDLESTICK HOLDERS | |
| Original Filing Basis: 1(b). | |
| Proposed: Class 014 for CLOCKS, WATCHES, DIVING WATCHES, CHRONOGRAPHS FOR USE AS WATCHES; CHRONOMETRICAL INSTRUMENTS, NAMELY WATCHES, CLOCKS, AND CHRONOMETERS; CUFF LINKS, TIE CLIPS; JEWELRY CASES OF PRECIOUS METAL; BROOCHES, NECKLACES, BRACELETS, RINGS, EARRINGS; NON-MONETARY AND COMMEMORATIVE GOLD-PLATED OR SILVER-PLATED COINS; KITCHEN UTENSILS OF PRECIOUS METAL, NAMELY PLATES, CUPS, AND CANDLESTICK HOLDERS | |
| Response Signature | |
| Signature: /dmsobo/ Date: 05/07/2004 | |
| Signatory's Name: Diana Michelle Sobo | |
| Signatory's Position: Attorney for applicant | |
| Serial Number: 76393498 | |
| Internet Transmission Date: Fri May 07 11:44:10 EDT 2004 | |
| TEAS Stamp: USPTO/OA-XXXXXXXX-20040507114410044049-7 6393498-2005653cf58be58aaec743147a2cf0ee d1-N-N-20040507113755156225 |