Reconsideration Letter

WHITE DOVE

PROMO-POWER LLC

Reconsideration Letter

UNITED STATES PATENT AND TRADEMARK OFFICE

 

    SERIAL NO:           76/523645

 

    APPLICANT:         VPI Corp.

 

 

 

*76523645*

 

    CORRESPONDENT ADDRESS:

  KATHRYN JENNISON SHULTZ

  JENNISON & SHULTZ, P.C.

  CRYSTAL PLAZA #1 - SUITE 1102

  2001 JEFFERSON DAVIS HIGHWAY

  ARLINGTON, VIRGINIA 22202

RETURN ADDRESS: 

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA 22313-1451

 

 

 

If no fees are enclosed, the address should include the words "Box Responses - No Fee."

    MARK:       WHITE DOVE

 

 

 

    CORRESPONDENT’S REFERENCE/DOCKET NO:   N/A

 

    CORRESPONDENT EMAIL ADDRESS: 

 

Please provide in all correspondence:

 

1.  Filing date, serial number, mark and

     applicant's name.

2.  Date of this Office Action.

3.  Examining Attorney's name and

     Law Office number.

4.  Your telephone number and e-mail address..

 

 

 

Serial Number 76/523645

 

Applicant is requesting reconsideration of a final refusal dated October 6, 2005.  The examining attorney notes the applicant has amended the identification of goods in class 20 to “chair pads.”

 

After careful consideration of the law and facts of the case, the examining attorney must deny the request for reconsideration and adhere to the final action as written since no new facts or reasons have been presented that are significant and compelling with regard to the point at issue.  While the applicant has limited the identification of goods in an attempt to overcome the Section 2(d) refusal, that amendment has not obviated the refusal.  Please see the attached third party registrations where pillows, chair pads, class 24 and class 27 goods are all found under the same mark.

 

Accordingly, applicant’s request for reconsideration is denied.  The time for appeal runs from the date the final action was mailed.  37 C.F.R. Section 2.64(b); TMEP Section 715.03(c).

 


Because the applicant has not filed an appeal, this application is now abandoned.

 

 

 

/Kim Saito/

Examining Attorney, Law Office 102

571-272-9214

 

 

 

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