| PTO Form 2194 (Rev 9/2005) |
| OMB No. 0651-0054 (Exp. 11/30/2008) |
| Input Field |
Entered |
| SERIAL NUMBER | 76577445 |
| LAW OFFICE ASSIGNED | LAW OFFICE 115 |
| DATE OF NOTICE OF ABANDONMENT | 04/08/2005 |
| PETITION | |
| PETITION STATEMENT | Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the USPTO to revive the abandoned application. |
| RESPONSE TO OFFICE ACTION | |
| MARK SECTION (current) | |
| STANDARD CHARACTERS | NO |
| USPTO-GENERATED IMAGE | NO |
| COLOR MARK | NO |
| MARK SECTION (proposed) | |
| MARK FILE NAME | \\TICRS\EXPORT10\IMAGEOUT 10\765\774\76577445\xml1\ POA0002.JPG |
| STANDARD CHARACTERS | YES |
| USPTO-GENERATED IMAGE | NO |
| LITERAL ELEMENT | ATLAS |
| PIXEL COUNT ACCEPTABLE | NO |
| PIXEL COUNT | 234 x 200 |
| MARK STATEMENT | The mark consists of standard characters, without claim to any particular font style, size or color. |
| ARGUMENT(S) | |
|
Contained in Office Action dated September 9, 2004, the Examiner refuses registration under Trademark Act § 2(d), 15 U.S.C. § 1052(d), ?because the Applicant?s mark, when used on or in connection with the identified goods/services so resembles the mark in U.S. Registration No. 2768195 as to be likely to cause confusion, to cause mistake, or to deceive. The registration referred to by Examiner is that of a mark that consists of a non-continent globe of the world with five (5) latitude and five (5) longitude lines over which is imposed the word ?Atlas? in capital letters using type font ?Asia Extended with Feature Outline.? The registered mark is used in connection with a ?men?s? clothing retail store.? The Applicant respectfully disagrees with the Examiner and would offer the following in support of its position that the two marks are not likely to cause confusion, to cause mistake or to deceive.
Applicant?s mark consists of a stylized ?A,? including the word Atlas. The Applicant, Atlas Investment Company, Inc., is a related company to Atlas Van Lines, Incorporated. The primary business of the Applicant is the transportation of household and other goods by motor van. Applicant would direct the Examiner?s attention to Trademark Registration No. 0931555 as evidence of Applicant?s long-standing use of the stylized ?A? logo. Applicant has been using the stylized ?A,? as evidenced by the referenced registration no. in commerce since at least November 25, 1970. The pending Application is for a mark that is only a slight variation on the stylized ?A? as referenced in Registration No. 0931555.
Applicant has also been using the stylized ?A? logo on clothing, namely shirts and hats which its drivers wear as part of their uniform.
The mark with Registration No. 2768195 for a men?s? clothing retail store has only been in use since January 27, 2003. Applicant is not aware of a single case of confusion between Registrant?s mark and Applicant?s mark in the over 30 years that Applicant has been using the mark.
Applicant?s use of the stylized ?A? logo is exclusively for clothing, namely hats and shirts for its company drivers and is not applied to clothing that is offered for sale to individuals not employed by Applicant or Applicant?s authorized agents.
The manner of and areas of advertising also weigh against any possible confusion. Whereas registrant?s mark would most likely be exhibited on the storefront and/or in advertising materials distributed to the general public, Applicant?s mark is used in advertising in trade publications in the transportation industry.
Lastly, Applicant?s mark is clearly distinctive from registrant?s mark. Whereas registrant?s mark includes the word ?Atlas? contained on a globe, Applicant?s mark is a styled ?A? with the block letters ?Atlas? appearing underneath it.
The Examiner also states in Office Action dated September 9, 2004 that if Application Serial No. 5759016 matures into a registration, registration may be refused under Section 2(d). A review of the USPTO website by Applicant?s attorney reveals that Application Serial No. 75759016 was abandoned on March 4, 2005.
Pursuant to the above, Applicant would respectfully request the Examiner to grant registration as all items raised in the Office Action have been addressed and complied with. |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME | \\TICRS\EXPORT10\IMAGEOUT 10\765\774\76577445\xml1\ POA0003.JPG |
| EVIDENCE FILE NAME | \\TICRS\EXPORT10\IMAGEOUT 10\765\774\76577445\xml1\ POA0004.JPG |
| EVIDENCE FILE NAME | \\TICRS\EXPORT10\IMAGEOUT 10\765\774\76577445\xml1\ POA0005.JPG |
| DESCRIPTION OF EVIDENCE FILE | The mark as applied to the goods. |
| PAYMENT SECTION | |
| TOTAL AMOUNT | 100 |
| TOTAL FEES DUE | 100 |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /Mark F. Warzecha/ |
| SIGNATORY'S NAME | Mark F. Warzecha |
| SIGNATORY'S POSITION | Attorney |
| DATE SIGNED | 06/07/2005 |
| RESPONSE SIGNATURE | /Mark F. Warzecha/ |
| SIGNATORY'S NAME | Mark F. Warzecha |
| SIGNATORY'S POSITION | Attorney |
| DATE SIGNED | 06/07/2005 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue Jun 07 17:26:09 EDT 2005 |
| TEAS STAMP | USPTO/POA-XXX.XXX.XX.XXX- 20050607172609300160-7657 7445-25275f5077da4883df65 97b85ab3ab1833-DA-546-200 50607171152025311 |
| PTO Form 2194 (Rev 9/2005) |
| OMB No. 0651-0054 (Exp. 11/30/2008) |
| Application serial no. 76577445 is amended as follows: | |
| PETITION | |
| Petition Statement | |
| Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the USPTO to revive the abandoned application. | |
| RESPONSE TO OFFICE ACTION | |
| Mark | |
| Applicant proposes to amend the mark as follows: | |
| Original: (Stylized and/or with Design) |
|
| Proposed: ATLAS (Stylized and/or with Design, see mark) | |
The mark consists of standard characters, without claim to any particular font, style, size, or color. |
|
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
|
Contained in Office Action dated September 9, 2004, the Examiner refuses registration under Trademark Act § 2(d), 15 U.S.C. § 1052(d), ?because the Applicant?s mark, when used on or in connection with the identified goods/services so resembles the mark in U.S. Registration No. 2768195 as to be likely to cause confusion, to cause mistake, or to deceive. The registration referred to by Examiner is that of a mark that consists of a non-continent globe of the world with five (5) latitude and five (5) longitude lines over which is imposed the word ?Atlas? in capital letters using type font ?Asia Extended with Feature Outline.? The registered mark is used in connection with a ?men?s? clothing retail store.? The Applicant respectfully disagrees with the Examiner and would offer the following in support of its position that the two marks are not likely to cause confusion, to cause mistake or to deceive.
Applicant?s mark consists of a stylized ?A,? including the word Atlas. The Applicant, Atlas Investment Company, Inc., is a related company to Atlas Van Lines, Incorporated. The primary business of the Applicant is the transportation of household and other goods by motor van. Applicant would direct the Examiner?s attention to Trademark Registration No. 0931555 as evidence of Applicant?s long-standing use of the stylized ?A? logo. Applicant has been using the stylized ?A,? as evidenced by the referenced registration no. in commerce since at least November 25, 1970. The pending Application is for a mark that is only a slight variation on the stylized ?A? as referenced in Registration No. 0931555.
Applicant has also been using the stylized ?A? logo on clothing, namely shirts and hats which its drivers wear as part of their uniform.
The mark with Registration No. 2768195 for a men?s? clothing retail store has only been in use since January 27, 2003. Applicant is not aware of a single case of confusion between Registrant?s mark and Applicant?s mark in the over 30 years that Applicant has been using the mark.
Applicant?s use of the stylized ?A? logo is exclusively for clothing, namely hats and shirts for its company drivers and is not applied to clothing that is offered for sale to individuals not employed by Applicant or Applicant?s authorized agents.
The manner of and areas of advertising also weigh against any possible confusion. Whereas registrant?s mark would most likely be exhibited on the storefront and/or in advertising materials distributed to the general public, Applicant?s mark is used in advertising in trade publications in the transportation industry.
Lastly, Applicant?s mark is clearly distinctive from registrant?s mark. Whereas registrant?s mark includes the word ?Atlas? contained on a globe, Applicant?s mark is a styled ?A? with the block letters ?Atlas? appearing underneath it.
The Examiner also states in Office Action dated September 9, 2004 that if Application Serial No. 5759016 matures into a registration, registration may be refused under Section 2(d). A review of the USPTO website by Applicant?s attorney reveals that Application Serial No. 75759016 was abandoned on March 4, 2005.
Pursuant to the above, Applicant would respectfully request the Examiner to grant registration as all items raised in the Office Action have been addressed and complied with. |
|
| Evidence | |
| Evidence in the nature of The mark as applied to the goods. has been attached. | |
| Evidence-1 | |
| Evidence-2 | |
| Evidence-3 | |
| Fees | |
| Fee(s) in the amount of $100 is being submitted. | |
| 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. §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 application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in commerce; 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/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true. | |
| Signature: /Mark F. Warzecha/ Date: 06/07/2005 | |
| Signatory's Name: Mark F. Warzecha | |
| Signatory's Position: Attorney | |
| Petition/Response Signature | |
| Signature: /Mark F. Warzecha/ Date: 06/07/2005 | |
| Signatory's Name: Mark F. Warzecha | |
| Signatory's Position: Attorney | |
| Serial Number: 76577445 | |
| Internet Transmission Date: Tue Jun 07 17:26:09 EDT 2005 | |
| TEAS Stamp: USPTO/POA-XXX.XXX.XX.XXX-200506071726093 00160-76577445-25275f5077da4883df6597b85 ab3ab1833-DA-546-20050607171152025311 |
