Response to Office Action

In the United States Patent and Trademark Office

Trademark Examining Operation

In re Application of: Olympic General Corporation

Examining Attorney: Steven R. Berk

Law Office 102

M/S: RESPONSES

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3513

Response To Office Action

Sir:

Responsive to the Office Action mailed September 8, 2004, in the above-captioned application, kindly amend the application as follows:

Rewrite the identification of the goods which are sold under the mark sought to be registered herein as follows: "Blown film plastic products, namely: trash bags, plastic sheeting for construction use, and stretch tapes for industrial and household use."

Insert the following statement into the application: "The mark is presented in standard characters without claim to any particular font, style, size, or color."

REMARKS

The above-identified application has been carefully reconsidered in view of the Office Action mailed September 8, 2004. Early and favorable reconsideration of the application as now presented are respectfully requested.

The application has been amended more positively to recite the goods which are offered by applicant under the mark sought to be registered herein. It is respectfully submitted that the sections of the Office Action headed: Requirement for Information, Informalities, Goods Indefinite, and Multi-Class Applications have been addressed and overcome by means of the present amendment and are therefore now moot.

The "Standard Character" claim has been inserted into application. It is therefore respectfully submitted that the section of the Office Action headed "Standard Character Drawing Intended" has been overcome by the present amendment.

Referring to the sections of the Office Action headed "Likelihood of Confusion", "Similarity of Marks", and "Similarity of Goods", it is respectfully submitted that applicant's goods as now recited in the application are entirely distinct from those of the prior registrations and the application for registration that were cited in the Office Action. Applicant's goods travel in different modes of commerce and are sold to different classes of consumers as compared with the goods of the prior registrations and the application for registration cited in the Office Action. It is therefore respectfully submitted that the present amendment overcomes the likelihood of confusion rejection as set forth in the Office Action.

The finding of the Examining Attorney in the section of the Office Action headed: "Mark is Merely Descriptive" is respectfully traversed. It is respectfully submitted that the definition of "BLOCKADE" as set forth in the Office Action does not apply to applicant's goods. Applicant's mark was selected for its connotation of strength and durability, and nothing else. In this regard it is respectfully submitted that applicant's goods do not "block" anything when utilized for their intended purpose.

It is therefore respectfully submitted that the application is now in condition for favorable action and allowance. Should the Examining Attorney require anything further prior to passing the application for publication, the courtesy of a telephone interview is requested. The Examining Attorney may contact the undersigned attorney for applicant at 214-739-0088.