PTO Form 1957 (Rev 5/2006) |
OMB No. 0651-0050 (Exp. 04/2009) |
Input Field |
Entered |
SERIAL NUMBER | 76544652 |
LAW OFFICE ASSIGNED | LAW OFFICE 103 |
MARK SECTION (no change) | |
ARGUMENT(S) | |
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE In re Application of ) ) King Koil Licensing ) Company, Inc. ) ) Examining Attorney: Mark: KING KOIL ? MAKING THE ) MOST COMFORTABLE ) Ronald E. Aikens MATTRESSES IN THE ) WORLD ) Law Office 103 ) Serial No.: 76/544,652 ) ) Filing Date: September 15, 2003 ) ) Our Reference No.: 42405.174T1 ) RESPONSE TO OFFICE ACTION To: Commissioner for Trademarks P.O. Box 1451 Alexandria, Virginia 22313-1451 Dear Sir: In response to the Office Action mailed on May 16, 2005, 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 current specimen is merely advertising that fails to show the asserted mark being used in connection with the goods. While Applicant respectfully disagrees with the Examining Attorney?s characterization of the specimen, Applicant hereby submits a substitute specimen, namely, a label on the product packaging, showing the mark as used on or in connection with beds, mattresses, box springs and pillows. Applicant also hereby submits an affidavit under 37 C.F.R. Section 2.20.
CONCLUSION Accordingly, an in view of the above Remarks, Applicant submits that this application is in condition for publication, and respectfully requests an early notice of the same.
Dated: November 15, 2005 Respectfully submitted, KING KOIL LICENSING COMPANY, INC. By: _____________________________ John A. Cullis Neal, Gerber and Eisenberg LLP 2 North LaSalle Street, Suite 2200 Chicago, Illinois 60602 312-269-8000 |
|
EVIDENCE SECTION | |
EVIDENCE FILE NAME | \\TICRS\EXPORT8\IMAGEOUT8 \765\446\76544652\xml1\RO A0002.JPG |
EVIDENCE FILE NAME | \\TICRS\EXPORT8\IMAGEOUT8 \765\446\76544652\xml1\RO A0003.JPG |
DESCRIPTION OF EVIDENCE FILE | Declaration of David J. Roberts |
GOODS AND/OR SERVICES SECTION (current) | |
INTERNATIONAL CLASS | 020 |
DESCRIPTION | Beds, mattresses, box springs and pillows |
FIRST USE ANYWHERE DATE | At least as early as 03/01/2005 |
FIRST USE IN COMMERCE DATE | At least as early as 03/01/2005 |
FILING BASIS | Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) | |
INTERNATIONAL CLASS | 020 |
DESCRIPTION | Beds, mattresses, box springs and pillows |
FIRST USE ANYWHERE DATE | At least as early as 03/01/2005 |
FIRST USE IN COMMERCE DATE | At least as early as 03/01/2005 |
FILING BASIS | Section 1(b) |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice. |
RESPONSE SIGNATURE | /John A. Cullis/ |
SIGNATORY NAME | John A. Cullis |
SIGNATORY POSITION | Attorney |
SIGNATURE DATE | 11/15/2005 |
FILING INFORMATION SECTION | |
SUBMIT DATE | Tue Nov 15 13:08:42 EST 2005 |
TEAS STAMP | USPTO/ROA-XX.XXX.XXX.XX-2 0051115130842196320-76544 652-320f46d5195d8e35d4067 e0c0b7569a4ece-N/A-N/A-20 051115130336709636 |
PTO Form 1957 (Rev 5/2006) |
OMB No. 0651-0050 (Exp. 04/2009) |
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
In re Application of )
)
King Koil Licensing )
Company, Inc. )
) Examining Attorney:
Mark: KING KOIL ? MAKING THE )
MOST COMFORTABLE ) Ronald E. Aikens MATTRESSES IN THE )
WORLD ) Law Office 103
)
Serial No.: 76/544,652 )
)
Filing Date: September 15, 2003 )
)
Our Reference No.: 42405.174T1 )
RESPONSE TO OFFICE ACTION
To: Commissioner for Trademarks
P.O. Box 1451
Alexandria, Virginia 22313-1451
Dear Sir:
In response to the Office Action mailed on May 16, 2005, 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 current specimen is merely advertising that fails to show the asserted mark being used in connection with the goods. While Applicant respectfully disagrees with the Examining Attorney?s characterization of the specimen, Applicant hereby submits a substitute specimen, namely, a label on the product packaging, showing the mark as used on or in connection with beds, mattresses, box springs and pillows. Applicant also hereby submits an affidavit under 37 C.F.R. Section 2.20.
CONCLUSION
Accordingly, an in view of the above Remarks, Applicant submits that this application is in condition for publication, and respectfully requests an early notice of the same.
Dated: November 15, 2005 Respectfully submitted,
KING KOIL LICENSING COMPANY, INC.
By: _____________________________
John A. Cullis
Neal, Gerber and Eisenberg LLP
2 North LaSalle Street, Suite 2200
Chicago, Illinois 60602
312-269-8000