| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 76601963 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
Applicant accepts Examiner's suggested goods and services description and amends the description accordingly. Applicant has also submitted the required standard character claim.
The mark TWISTER used with the goods "plastic container for packaging food" (in International Class 020) is not likely to cause confusion with prior registrations for TWISTER (US 0,872,310) and TWISTER PAK (US 2,742,179). The mark TWISTER is registered for "enclosure caps for containers, such as bottles and jars." This mark would not cause confusion as the caps are different from plastic containers. Further, the caps are used for drink containers, as opposed to food containers. The caps are sold to bottling manufacturers for inclusion in a finished drink product. The products, therefore, are both offered to sophisticated manufacturers able to distinguish between products, decreasing any likelihood of confusion.
The proposed mark TWISTER will not cause confusion with the prior registration for TWISTER PAK, as that mark is for "paperboard or composite tubular containers sold empty for packaging of products." These products are directed towards retail consumers that will buy the empty containers and use them to store different items. The TWISTER PAK goods are made of paper and not plastic, which makes them unsuitable for most food storage. Further, these goods have "a plurality of rotatable outer rings or segments so that a variety of printed graphics on the outer surface may be juxtaposed to provide different visual effects." This graphics feature is further evidence that the targeted purchaser of this product is a retail consumer wanting to use the product for personal storage. The goods are also more similar to a game that happens to hold items, than a container for food. The TWISTER PAK goods and services are even classified in International Class 016, as opposed to International Class 020, where the proposed mark is placed. These differences will limit any likelihood of confusion for these marks.
For the reasons stated above, Applicant believes the proposed mark is not confusingly similar to the prior registrations cited by Examiner. Applicant, therefore, requests Examiner to amend the goods and services description and allow the application to proceed to publication. If Examiner has any further questions, please contact me at 816-983-8000 whenever convenient. |
|
| GOODS AND/OR SERVICES SECTION (class deleted) | |
| INTERNATIONAL CLASS | 017 |
| DESCRIPTION | PLASTIC FOOD CONTAINER |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (class added) | |
| INTERNATIONAL CLASS | 020 |
| DESCRIPTION | PLASTIC CONTAINER FOR PACKAGING FOOD |
| FILING BASIS | Section 1(b) |
| ADDITIONAL STATEMENTS SECTION | |
| MISCELLANEOUS STATEMENT | The mark is presented in standard characters without claim to any particular font style, size, or color. |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /william b kircher/ |
| SIGNATORY NAME | William B. Kircher |
| SIGNATORY POSITION | attorney |
| SIGNATURE DATE | 08/16/2005 |
| RESPONSE SIGNATURE | /william b kircher/ |
| SIGNATORY NAME | William B. Kircher |
| SIGNATORY POSITION | attorney |
| SIGNATURE DATE | 08/16/2005 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue Aug 16 17:35:40 EDT 2005 |
| TEAS STAMP | USPTO/OA-XXXXXXXXXXX-2005 0816173540385376-76601963 -20036e84a2f9af5882be31f4 b26f9ce0d8-N-N-2005081615 3329752364 |
| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 76601963 is amended as follows: | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
|
Applicant accepts Examiner's suggested goods and services description and amends the description accordingly. Applicant has also submitted the required standard character claim.
The mark TWISTER used with the goods "plastic container for packaging food" (in International Class 020) is not likely to cause confusion with prior registrations for TWISTER (US 0,872,310) and TWISTER PAK (US 2,742,179). The mark TWISTER is registered for "enclosure caps for containers, such as bottles and jars." This mark would not cause confusion as the caps are different from plastic containers. Further, the caps are used for drink containers, as opposed to food containers. The caps are sold to bottling manufacturers for inclusion in a finished drink product. The products, therefore, are both offered to sophisticated manufacturers able to distinguish between products, decreasing any likelihood of confusion.
The proposed mark TWISTER will not cause confusion with the prior registration for TWISTER PAK, as that mark is for "paperboard or composite tubular containers sold empty for packaging of products." These products are directed towards retail consumers that will buy the empty containers and use them to store different items. The TWISTER PAK goods are made of paper and not plastic, which makes them unsuitable for most food storage. Further, these goods have "a plurality of rotatable outer rings or segments so that a variety of printed graphics on the outer surface may be juxtaposed to provide different visual effects." This graphics feature is further evidence that the targeted purchaser of this product is a retail consumer wanting to use the product for personal storage. The goods are also more similar to a game that happens to hold items, than a container for food. The TWISTER PAK goods and services are even classified in International Class 016, as opposed to International Class 020, where the proposed mark is placed. These differences will limit any likelihood of confusion for these marks.
For the reasons stated above, Applicant believes the proposed mark is not confusingly similar to the prior registrations cited by Examiner. Applicant, therefore, requests Examiner to amend the goods and services description and allow the application to proceed to publication. If Examiner has any further questions, please contact me at 816-983-8000 whenever convenient. |
|
| Classification and Listing of Goods/Services | |
| Applicant hereby deletes the following class of goods/services from the application. | |
| Class 017 for PLASTIC FOOD CONTAINER | |
| Applicant hereby adds the following class of goods/services to the application: |
|
| New: Class 020 for PLASTIC CONTAINER FOR PACKAGING FOOD |
|
| Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)). | |
| Additional Statements | |
| The mark is presented in standard characters without claim to any particular font style, size, or color. | |
| Declaration Signature |
|
| The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of
the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii). If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii). If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). 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: /william b kircher/ Date: 08/16/2005 | |
| Signatory's Name: William B. Kircher | |
| Signatory's Position: attorney | |
| Response Signature | |
| Signature: /william b kircher/ Date: 08/16/2005 | |
| Signatory's Name: William B. Kircher | |
| Signatory's Position: attorney | |
| Serial Number: 76601963 | |
| Internet Transmission Date: Tue Aug 16 17:35:40 EDT 2005 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXXXX-2005081617354038537 6-76601963-20036e84a2f9af5882be31f4b26f9 ce0d8-N-N-20050816153329752364 |