| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 76592896 |
| MARK SECTION (no change) | |
| OWNER SECTION (current) | |
| NAME | REBEL FORCES, LLC |
| STREET | 95 MAPLE PARKWAY |
| CITY | SPARTA |
| STATE | NJ |
| ZIP/POSTAL CODE | 07871 |
| COUNTRY | US |
| OWNER SECTION (proposed) | |
| NAME | REBEL FORCES, LLC |
| STREET | 95 MAPLE PARKWAY |
| CITY | SPARTA |
| STATE | New Jersey |
| ZIP/POSTAL CODE | 07871 |
| COUNTRY | United States |
| LEGAL ENTITY SECTION (current) | |
| TYPE | CORPORATION |
| STATE/COUNTRY OF INCORPORATION | NJ |
| LEGAL ENTITY SECTION (proposed) | |
| TYPE | LIMITED LIABILITY COMPANY |
| STATE/COUNTRY UNDER WHICH ORGANIZED | New Jersey |
| NAME(S) OF GENERAL PARTNER(S) & CITIZENSHIP/INCORPORATION | Michael S. Moorby, sole member |
| ARGUMENT(S) | |
|
It is submitted that the mark is not merely a decorative or ornamental feature of the goods and would be perceived as a mark by the purchasing public. The mark has either acquired distinctiveness or is an indicator of secondary source. Attached are images of other goods, namely, circular and rectangular labels showing the use of the mark. This evidence shows that the mark would be recognized as a trademark through applicant's use of the mark with goods (i.e. stickers) other than those indicated in the application. Additionally, attached is a copy of an advertisement promoting the goods bearing the mark for which registration is sought. Further, attached is a copy of a New York Times article dated April 21, 2004 showing Boston Red Sox pitcher Curt Schilling wearing a baseball hat bearing the mark. The article contains statements which establish a recognition of the mark for the goods. Still further, goods bearing the mark are regularly advertised on the web site www.yankeeshater.com (copies of two representative pages attached). EBay recognizes the Applicant as the owner of that mark under its Verified Rights Owner program (VeRo). Upon notice by the Applicant to EBay, auctions for any offending items bearing the mark being offered for sale on eBay, are immediately taken down. |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME | \\TICRS\EXPORT11\IMAGEOUT 11\765\928\76592896\xml3\ ROA0002.JPG |
| DESCRIPTION OF EVIDENCE FILE | copies of images of a circular label and a rectangular label showing the use of the mark, advertisement promoting the goods bearing the mark |
| EVIDENCE FILE NAME | \\TICRS\EXPORT11\IMAGEOUT 11\765\928\76592896\xml3\ ROA0003.JPG |
| DESCRIPTION OF EVIDENCE FILE | copy of an image of a rectangular label showing the use of the mark, advertisement promoting the goods bearing the mark |
| EVIDENCE FILE NAME | \\TICRS\EXPORT11\IMAGEOUT 11\765\928\76592896\xml3\ ROA0004.JPG |
| DESCRIPTION OF EVIDENCE FILE | a copy of an image of a rectangular label showing the use of the mark, advertisement promoting the goods bearing the mark |
| EVIDENCE FILE NAME | \\TICRS\EXPORT11\IMAGEOUT 11\765\928\76592896\xml3\ ROA0005.JPG |
| DESCRIPTION OF EVIDENCE FILE | a copy of a New York Times article dated April 21, 2004 showing Boston Red Sox pitcher Curt Schilling wearing a baseball hat bearing the mark and containing statements which establish a recognition of the mark for the goods |
| EVIDENCE FILE NAME | \\TICRS\EXPORT11\IMAGEOUT 11\765\928\76592896\xml3\ ROA0006.JPG |
| DESCRIPTION OF EVIDENCE FILE | a copy of representative page of the web site www.yankeeshater.com advertising goods |
| EVIDENCE FILE NAME | \\TICRS\EXPORT11\IMAGEOUT 11\765\928\76592896\xml3\ ROA0007.JPG |
| DESCRIPTION OF EVIDENCE FILE | a copy of representative page of the web site www.yankeeshater.com advertising goods |
| GOODS AND/OR SERVICES SECTION (no change) | |
| ADDITIONAL STATEMENTS SECTION | |
| MISCELLANEOUS STATEMENT | The mark is presented in standard character format without claim to any particular font style, size or color. |
| SIGNATURE SECTION | |
| SIGNATURE | /RICHARD S. ROBERTS/ |
| SIGNATORY NAME | RICHARD S. ROBERTS |
| SIGNATORY POSITION | ATTORNEY AT LAW |
| SIGNATORY DATE | 01/24/2005 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Mon Jan 24 16:34:51 EST 2005 |
| TEAS STAMP | USPTO/OA-XXXXXXXXXXX-2005 0124163451913202-76592896 -200af7d716567b8113eea282 8dadf51a543-N-N-200501241 55445324976 |
| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 76592896 is amended as follows: | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
|
It is submitted that the mark is not merely a decorative or ornamental feature of the goods and would be perceived as a mark by the purchasing public. The mark has either acquired distinctiveness or is an indicator of secondary source. Attached are images of other goods, namely, circular and rectangular labels showing the use of the mark. This evidence shows that the mark would be recognized as a trademark through applicant's use of the mark with goods (i.e. stickers) other than those indicated in the application. Additionally, attached is a copy of an advertisement promoting the goods bearing the mark for which registration is sought. Further, attached is a copy of a New York Times article dated April 21, 2004 showing Boston Red Sox pitcher Curt Schilling wearing a baseball hat bearing the mark. The article contains statements which establish a recognition of the mark for the goods. Still further, goods bearing the mark are regularly advertised on the web site www.yankeeshater.com (copies of two representative pages attached). EBay recognizes the Applicant as the owner of that mark under its Verified Rights Owner program (VeRo). Upon notice by the Applicant to EBay, auctions for any offending items bearing the mark being offered for sale on eBay, are immediately taken down. |
|
| Evidence | |
| Evidence in the nature of copies of images of a circular label and a rectangular label showing the use of the mark, advertisement promoting the goods bearing the mark has been attached. | |
| Evidence-1 | |
| Evidence in the nature of copy of an image of a rectangular label showing the use of the mark, advertisement promoting the goods bearing the mark has been attached. | |
| Evidence-2 | |
| Evidence in the nature of a copy of an image of a rectangular label showing the use of the mark, advertisement promoting the goods bearing the mark has been attached. | |
| Evidence-3 | |
| Evidence in the nature of a copy of a New York Times article dated April 21, 2004 showing Boston Red Sox pitcher Curt Schilling wearing a baseball hat bearing the mark and containing statements which establish a recognition of the mark for the goods has been attached. | |
| Evidence-4 | |
| Evidence in the nature of a copy of representative page of the web site www.yankeeshater.com advertising goods has been attached. | |
| Evidence-5 | |
| Evidence in the nature of a copy of representative page of the web site www.yankeeshater.com advertising goods has been attached. | |
| Evidence-6 | |
| Procedural Matters/Informalities | |
| Applicant proposes to amend the following: | |
| Original: REBEL FORCES, LLC, a corporation of NJ, having an address of 95 MAPLE PARKWAY SPARTA, NJ US 07871. | |
| Proposed: REBEL FORCES, LLC, a limited liability company organized under the laws of New Jersey, comprising of Michael S. Moorby, sole member, having an address of 95 MAPLE PARKWAY SPARTA, New Jersey United States 07871. | |
| Additional Statements | |
| The mark is presented in standard character format without claim to any particular font style, size or color. | |
| Response Signature | |
| Signature: /RICHARD S. ROBERTS/ Date: 01/24/2005 | |
| Signatory's Name: RICHARD S. ROBERTS | |
| Signatory's Position: ATTORNEY AT LAW | |
| Serial Number: 76592896 | |
| Internet Transmission Date: Mon Jan 24 16:34:51 EST 2005 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXXXX-2005012416345191320 2-76592896-200af7d716567b8113eea2828dadf 51a543-N-N-20050124155445324976 |
