| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 76493892 |
| MARK SECTION (no change) | |
| ADDITIONAL STATEMENTS SECTION | |
| MISCELLANEOUS STATEMENT | The Examiner stated that the notation "55," which appears with the mark on the specimen is not shown on the drawing. The Examiner requested applicant to provide a statement to the effect that it is merely a grade designation or model number. Such a statement is found below: Applicant believes that 55 is not part of the trademark PERMAFLEX, but is merely a grade designation or model number. The Examiner also requested evidence showing use of the mark with other similar notations or other evidence indicating that, as actually used, the matter shown in the drawing creates a separate commercial impression of the mark. Pursuant to TMPEP §807.14(b), the mark on the drawing must be a complete mark, as evidenced by the specimen. The mere fact that two or more elements form a composite mark does not necessarily mean that those elements are inseparable for illustration purposes. The determative factor as whether or not the subject matter in question makes a separate and distinct commercial impression apart from the other elements. In this case, it is clear that 55 is not a part of the trademark at issue. "55" is simply a grade designation or model number as admitted by the Examiner. The drawing is complete and correct. Further, the specimen shows the complete mark in use. The drawing and the specimen are identical. Further, it cannot be said that there is mutilation to the mark as shown in the present case. Nor is this an incomplete representation of the mark. Applicant maintains that the specimen is sufficient to show a separate commercial impression of the mark PERMAFLEX. |
| SIGNATURE SECTION | |
| SIGNATURE | /Heather M. Barnes/ |
| SIGNATORY NAME | Heather M. Barnes |
| SIGNATORY POSITION | Attorney |
| SIGNATORY DATE | 02/18/2004 |
| SIGNATURE | /Heather M. Barnes/ |
| SIGNATORY NAME | Heather M. Barnes |
| SIGNATORY POSITION | Attorney |
| SIGNATORY DATE | 02/18/2004 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Feb 18 14:38:18 EST 2004 |
| TEAS STAMP | USPTO/OA-XXXXXXXXXXXX-200 40218143818612065-7649389 2-2009668bc593cbea2984aba bd6a7014fb87-N-N-20040218 135453174303 |
| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 76493892 is amended as follows: | |
| Additional Statements | |
| The Examiner stated that the notation "55," which appears with the mark on the specimen is not shown on the drawing. The Examiner requested applicant to provide a statement to the effect that it is merely a grade designation or model number. Such a statement is found below: Applicant believes that 55 is not part of the trademark PERMAFLEX, but is merely a grade designation or model number. The Examiner also requested evidence showing use of the mark with other similar notations or other evidence indicating that, as actually used, the matter shown in the drawing creates a separate commercial impression of the mark. Pursuant to TMPEP §807.14(b), the mark on the drawing must be a complete mark, as evidenced by the specimen. The mere fact that two or more elements form a composite mark does not necessarily mean that those elements are inseparable for illustration purposes. The determative factor as whether or not the subject matter in question makes a separate and distinct commercial impression apart from the other elements. In this case, it is clear that 55 is not a part of the trademark at issue. "55" is simply a grade designation or model number as admitted by the Examiner. The drawing is complete and correct. Further, the specimen shows the complete mark in use. The drawing and the specimen are identical. Further, it cannot be said that there is mutilation to the mark as shown in the present case. Nor is this an incomplete representation of the mark. Applicant maintains that the specimen is sufficient to show a separate commercial impression of the mark PERMAFLEX. | |
| 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 he/she is properly authorized to execute this amendment/response on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, and that the mark is in use in commerce, and was in use in commerce on the application filing date, on or in connection with the goods and/or services listed in the application; or, if the application is being filed under 15 U.S.C. Section 1051(b), 1126(d) or 1126(e), he/she believes applicant to be entitled to use such mark in commerce, and that the applicant has a bona fide intention, and had a bona fide intention on the application filing date, to use the mark in commerce on or in connection with the goods and/or services listed in the application; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods and/or services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true as set forth within the original application and/or the submitted amendment/response. | |
| Signature: /Heather M. Barnes/ Date: 02/18/2004 | |
| Signatory's Name: Heather M. Barnes | |
| Signatory's Position: Attorney | |
| Response Signature | |
| Signature: /Heather M. Barnes/ Date: 02/18/2004 | |
| Signatory's Name: Heather M. Barnes | |
| Signatory's Position: Attorney | |
| Serial Number: 76493892 | |
| Internet Transmission Date: Wed Feb 18 14:38:18 EST 2004 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXXXXX-200402181438186120 65-76493892-2009668bc593cbea2984ababd6a7 014fb87-N-N-20040218135453174303 |