UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/605639
APPLICANT: ELEGANT HEADWEAR CO., INC.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: ONE SIZE FITS ALL MAGIC STRETCH GLOVES S ETC.
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: |
Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address..
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Serial Number 76/605639
Applicant is requesting reconsideration of a final refusal dated July 25, 2005.
The substitute drawing is acceptable. The amended identification of goods is acceptable. After careful consideration of the law and facts of the case, the examining attorney must deny the request for reconsideration and adhere to the final action as written since no new facts or reasons have been presented that are significant and compelling with regard to the point at issue. The amendment to the identification of goods does not obviate the likelihood of confusion. Registrant’s goods could be ambidextrous as they are not limited otherwise; further, applicant’s goods could be “fashionable” and it is noted that they are in multicolors, which is a fashionable feature. The goods are highly related and used by the same consumers. Further, stretch is a descriptive term and not the dominant feature of applicant’s mark. As to the disclaimer, whether or not the physical feature is patented, the words in the trademark are descriptive. The examiner does note, however, that the accurate disclaimer should read as follows (the spelling was not clear in the original drawing because of the copy quality, but is clear in the substitute drawing, showing that the wording should be as follows: No claim is made to the exclusive right to use ONE SIZE FITS ALL and STRETCH GLOVES and STRETCHES TO ALL SIZES FOR A SUPER FIT apart from the mark as shown.) Note that applicant had previously given most of this disclaimer.
Accordingly, applicant’s request for reconsideration is denied. The time for appeal runs from the date the final action was mailed. 37 C.F.R. Section 2.64(b); TMEP Section 715.03(c).
Rebecca L. Gilbert
/Rebecca L. Gilbert/
Law Office 104
571-272-9431