| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 76586409 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
| Applicant respectfully requests reconsideration of the final rejection in this case. Applicant has restricted its identification of goods so that it no longer includes any goods identical to the cited registrant's claimed goods. Applicant asserts that since the US Trademark Office has already allowed the identical sounding marks QUPID and CUPID for different goods in Class 25 to co-exist, there is no reason to exclude the mark at hand from registration in light of its unique and completely different distinctive connotation. The commercial impression of Applicant's mark conveys that of a fancy cup or chalice for lovers to drink together from. This impression is not the same as the cited registered mark CUPID which quickly calls to mind the Roman god of love usually pictured as a naked or diapered infantile figure often holding a bow & arrow. Therefore, for the reasons set forth herein and in the prior response to the first Office Action, Applicant respectfully requests that the final rejection be withdrawn and this application be approved for publication. | |
| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 025 |
| DESCRIPTION | |
| Men's, women's and children's clothing, namely, shirts, T-shirts, under shirts, night shirts, rugby shirts, polo shirts, jerseys, uniforms, athletic uniforms, pants, trousers, slacks, jeans, denim jeans, overalls, coveralls, jumpers, jump suits, shorts, boxer shorts, tops, crop tops, tank tops, halter tops, sweat shirts, sweat shorts, sweat pants, wraps, warm-up suits, jogging suits, blouses, skirts, dresses, sweaters, vests, fleece vests, pullovers, fleece pullovers, snow suits, parkas, anoraks, ponchos, jackets, dinner jackets, sports jackets, golf and ski jackets, reversible jackets, coats, blazers, suits, turtlenecks, ski bibs, swim wear, beachwear, infant wear, baby bibs not of paper, caps, berets, beanies, hats, visors, headbands, wrist bands, sweat bands, head wear, ear muffs, aprons, scarves, bandanas, belts, suspenders, neckwear, neckties, ties, underwear, briefs, swimming and bathing trunks, bras, sports bras, brassieres, bustiers, corsets, panties, garters and garter belts, teddies, girdles, foundation garments, singlets, socks, lounge wear, robes, bathrobes, underclothes, pajamas, sleep wear, night gowns, lingerie, camisoles, negligees, slips, sarongs, leg warmers, hosiery, knee highs, leggings, tights, leotards, body suits, unitards, body shapers, gloves, mittens, footwear, shoes, sneakers, boots, galoshes, sandals, zori, slippers and rainwear | |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 025 |
| DESCRIPTION | |
| children's and junior's clothing, namely, shirts, T-shirts, under shirts, rugby shirts, polo shirts, pants, jeans, shorts, tops, tank tops, halter tops, skirts, sweaters, ponchos, jackets and blazers | |
| FILING BASIS | Section 1(b) |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /karl m. zielaznicki/ |
| SIGNATORY NAME | Karl M. Zielaznicki |
| SIGNATORY POSITION | Attorney |
| SIGNATURE DATE | 09/16/2005 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Fri Sep 16 14:46:45 EDT 2005 |
| TEAS STAMP | USPTO/OA-XXXXXXXXXXX-2005 0916144645237213-76586409 -200bcbba34f72b3809b3f32c 3deb9ed43c0-N-N-200509161 44556770103 |
| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 76586409 is amended as follows: | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
| Applicant respectfully requests reconsideration of the final rejection in this case. Applicant has restricted its identification of goods so that it no longer includes any goods identical to the cited registrant's claimed goods. Applicant asserts that since the US Trademark Office has already allowed the identical sounding marks QUPID and CUPID for different goods in Class 25 to co-exist, there is no reason to exclude the mark at hand from registration in light of its unique and completely different distinctive connotation. The commercial impression of Applicant's mark conveys that of a fancy cup or chalice for lovers to drink together from. This impression is not the same as the cited registered mark CUPID which quickly calls to mind the Roman god of love usually pictured as a naked or diapered infantile figure often holding a bow & arrow. Therefore, for the reasons set forth herein and in the prior response to the first Office Action, Applicant respectfully requests that the final rejection be withdrawn and this application be approved for publication. | |
| Classification and Listing of Goods/Services | |
| Applicant hereby amends the following class of goods/services in the application as follows: | |
| Current: Class 025 for Men's, women's and children's clothing, namely, shirts, T-shirts, under shirts, night shirts, rugby shirts, polo shirts, jerseys, uniforms, athletic uniforms, pants, trousers, slacks, jeans, denim jeans, overalls, coveralls, jumpers, jump suits, shorts, boxer shorts, tops, crop tops, tank tops, halter tops, sweat shirts, sweat shorts, sweat pants, wraps, warm-up suits, jogging suits, blouses, skirts, dresses, sweaters, vests, fleece vests, pullovers, fleece pullovers, snow suits, parkas, anoraks, ponchos, jackets, dinner jackets, sports jackets, golf and ski jackets, reversible jackets, coats, blazers, suits, turtlenecks, ski bibs, swim wear, beachwear, infant wear, baby bibs not of paper, caps, berets, beanies, hats, visors, headbands, wrist bands, sweat bands, head wear, ear muffs, aprons, scarves, bandanas, belts, suspenders, neckwear, neckties, ties, underwear, briefs, swimming and bathing trunks, bras, sports bras, brassieres, bustiers, corsets, panties, garters and garter belts, teddies, girdles, foundation garments, singlets, socks, lounge wear, robes, bathrobes, underclothes, pajamas, sleep wear, night gowns, lingerie, camisoles, negligees, slips, sarongs, leg warmers, hosiery, knee highs, leggings, tights, leotards, body suits, unitards, body shapers, gloves, mittens, footwear, shoes, sneakers, boots, galoshes, sandals, zori, slippers and rainwear | |
| Original Filing Basis: 1(b). | |
| Proposed: Class 025 for children's and junior's clothing, namely, shirts, T-shirts, under shirts, rugby shirts, polo shirts, pants, jeans, shorts, tops, tank tops, halter tops, skirts, sweaters, ponchos, jackets and blazers | |
| Response Signature | |
| Signature: /karl m. zielaznicki/ Date: 09/16/2005 | |
| Signatory's Name: Karl M. Zielaznicki | |
| Signatory's Position: Attorney | |
| Serial Number: 76586409 | |
| Internet Transmission Date: Fri Sep 16 14:46:45 EDT 2005 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXXXX-2005091614464523721 3-76586409-200bcbba34f72b3809b3f32c3deb9 ed43c0-N-N-20050916144556770103 |