| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 76586650 |
| MARK SECTION (current) | |
| STANDARD CHARACTERS | NO |
| USPTO-GENERATED IMAGE | NO |
| LITERAL ELEMENT | BABACO WARNING PROTECTED BY AN AUTOMATIC ALARM SYSTEM NOT UNDER DRIVER'S CONTROL |
| COLOR MARK | NO |
| MARK SECTION (proposed) | |
| MARK FILE NAME | \\TICRS\EXPORT10\IMAGEOUT 10\765\866\76586650\xml1\ ROA0002.JPG |
| STANDARD CHARACTERS | NO |
| USPTO-GENERATED IMAGE | NO |
| COLOR MARK | NO |
| PIXEL COUNT ACCEPTABLE | YES |
| PIXEL COUNT | 519 x 400 |
| ARGUMENT(S) | |
|
I. DRAWING
A new color drawing of the mark is enclosed herewith.
The colors yellow and black are claimed as features of the mark.
The background of the mark appears in black and the words and phrases "WARNING", "PROTECTED BY AN AUTOMATIC", "BABACO", "ALARM", "SYSTEM" and "NOT UNDER DRIVER'S CONTROL" along with the border Design appear in the color yellow. The stylized "BABACO", which is shown between the words "ALARM" and "SYSTEM" is outlined in the color yellow. The outer border of the lighting bolt image overlying the stylized "BABACO" is shown in the color yellow and the inner border of that image along with the phrase "ALARM SYSTEMS" is shown in black.
II. DISCLAIMER
No claim is made to the exclusive right to use "WARNING, PROTECTED BY AN AUTOMATIC ALARM SYSTEM" and "NOT UNDER DRIVER'S CONTROL" apart from the mark as shown.
III. SUBSTITUTE SPECIMEN
Applicant encloses a substitute specimen along with a Declaration in support thereof. |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME | \\TICRS\EXPORT10\IMAGEOUT 10\765\866\76586650\xml1\ ROA0003.JPG |
| DESCRIPTION OF EVIDENCE FILE | specimen label showing use of the mark |
| EVIDENCE FILE NAME | \\TICRS\EXPORT10\IMAGEOUT 10\765\866\76586650\xml1\ ROA0004.JPG |
| DESCRIPTION OF EVIDENCE FILE | a Declaration in support of the substitute specimen |
| GOODS AND/OR SERVICES SECTION (no change) | |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /William C. Wright/ |
| SIGNATORY NAME | William C. Wright |
| SIGNATORY POSITION | Attorney for Applicant |
| SIGNATURE DATE | 05/05/2005 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu May 05 10:41:49 EDT 2005 |
| TEAS STAMP | USPTO/OA-XXXXXXXXXX-20050 505104149290028-76586650- 20077a82bb36aed1448b15d68 9366627eb-N-N-20050505103 630775181 |
| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 76586650 is amended as follows: | |
| Mark | |
| Applicant proposes to amend the mark as follows: | |
| Original: BABACO WARNING PROTECTED BY AN AUTOMATIC ALARM SYSTEM NOT UNDER DRIVER'S CONTROL (Stylized and/or with Design) |
|
| Proposed: (Stylized and/or with Design, see mark) |
|
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
|
I. DRAWING
A new color drawing of the mark is enclosed herewith.
The colors yellow and black are claimed as features of the mark.
The background of the mark appears in black and the words and phrases "WARNING", "PROTECTED BY AN AUTOMATIC", "BABACO", "ALARM", "SYSTEM" and "NOT UNDER DRIVER'S CONTROL" along with the border Design appear in the color yellow. The stylized "BABACO", which is shown between the words "ALARM" and "SYSTEM" is outlined in the color yellow. The outer border of the lighting bolt image overlying the stylized "BABACO" is shown in the color yellow and the inner border of that image along with the phrase "ALARM SYSTEMS" is shown in black.
II. DISCLAIMER
No claim is made to the exclusive right to use "WARNING, PROTECTED BY AN AUTOMATIC ALARM SYSTEM" and "NOT UNDER DRIVER'S CONTROL" apart from the mark as shown.
III. SUBSTITUTE SPECIMEN
Applicant encloses a substitute specimen along with a Declaration in support thereof. |
|
| Evidence | |
| Evidence in the nature of specimen label showing use of the mark has been attached. | |
| Evidence-1 | |
| Evidence in the nature of a Declaration in support of the substitute specimen has been attached. | |
| Evidence-2 | |
| Response Signature | |
| Signature: /William C. Wright/ Date: 05/05/2005 | |
| Signatory's Name: William C. Wright | |
| Signatory's Position: Attorney for Applicant | |
| Serial Number: 76586650 | |
| Internet Transmission Date: Thu May 05 10:41:49 EDT 2005 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXXX-20050505104149290028 -76586650-20077a82bb36aed1448b15d6893666 27eb-N-N-20050505103630775181 |
