| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 76606953 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
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Likelihood of Confusion. The Office Action refused registration on the ground that there may be a likelihood of confusion between THE MANHATTAN WINDOW CO. in Class 24 for "Textile fabrics used to manufacture draperies and curtains" and the registered mark MANHATTAN, Registration No. 2055842, in International Class 20 for "window blinds/shades of woven and non-woven fabric (and or synthetic material)" and in International Class 24 for "fabric for use in window blinds, draperies and window shades". In support of registration, Applicant submits that unlike the cited mark, THE MANHATTAN WINDOW CO. mark consists of four words and Applicant does not separate the mark, nor do any of the words that make up the mark stand alone. In addition, as indicated below, Applicant has adopted the Examiner's proposed description of goods, and as a result, the goods which Applicant's mark identifies are different from the goods the cited mark identifies: Applicant's goods are "textile fabric curtains", which are already manufactured products, and not, as in the case of the cited mark, fabric or materials for use in manufacturing window treatments. Applicant therefore respectfully requests that this application be placed in readiness for publication.
Amended Identification of Goods. Applicant hereby adopts the following identification of goods: "Textile fabric curtains" in International Class 24
CONCLUSION For the foregoing reasons, applicant respectfully submits that this application is in condition for publication. Favorable action is therefore requested.
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| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 024 |
| DESCRIPTION | Textile fabrics used to manufacture draperies and curtains |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | 04/30/2004 |
| FIRST USE IN COMMERCE DATE | 04/30/2004 |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 024 |
| DESCRIPTION | Textile fabrics curtains |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | 04/30/2004 |
| FIRST USE IN COMMERCE DATE | 04/30/2004 |
| ADDITIONAL STATEMENTS SECTION | |
| DISCLAIMER | No claim is made to the exclusive right to use WINDOW COMPANY apart from the mark as shown. |
| PRIOR REGISTRATION(S) | Applicant claims ownership of U.S. Registration Number(s) 2946579 and 2946578. |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /mark d. godler/ |
| SIGNATORY NAME | Mark D. Godler |
| SIGNATORY POSITION | Attorney |
| SIGNATURE DATE | 09/07/2005 |
| RESPONSE SIGNATURE | /mark d. godler/ |
| SIGNATORY NAME | Mark D. Godler |
| SIGNATORY POSITION | Attorney |
| SIGNATURE DATE | 09/07/2005 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Sep 07 12:16:05 EDT 2005 |
| TEAS STAMP | USPTO/OA-XXXXXXXXX-200509 07121605209091-76606953-2 00625a44874d5e734b3598d3b 9953882-N-N-2005090712155 9739591 |
| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 76606953 is amended as follows: | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
|
Likelihood of Confusion. The Office Action refused registration on the ground that there may be a likelihood of confusion between THE MANHATTAN WINDOW CO. in Class 24 for "Textile fabrics used to manufacture draperies and curtains" and the registered mark MANHATTAN, Registration No. 2055842, in International Class 20 for "window blinds/shades of woven and non-woven fabric (and or synthetic material)" and in International Class 24 for "fabric for use in window blinds, draperies and window shades". In support of registration, Applicant submits that unlike the cited mark, THE MANHATTAN WINDOW CO. mark consists of four words and Applicant does not separate the mark, nor do any of the words that make up the mark stand alone. In addition, as indicated below, Applicant has adopted the Examiner's proposed description of goods, and as a result, the goods which Applicant's mark identifies are different from the goods the cited mark identifies: Applicant's goods are "textile fabric curtains", which are already manufactured products, and not, as in the case of the cited mark, fabric or materials for use in manufacturing window treatments. Applicant therefore respectfully requests that this application be placed in readiness for publication.
Amended Identification of Goods. Applicant hereby adopts the following identification of goods: "Textile fabric curtains" in International Class 24
CONCLUSION For the foregoing reasons, applicant respectfully submits that this application is in condition for publication. Favorable action is therefore requested.
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| Classification and Listing of Goods/Services | |
| Applicant hereby amends the following class of goods/services in the application as follows: | |
| Current: Class 024 for Textile fabrics used to manufacture draperies and curtains | |
| Original Filing Basis: 1(a). | |
| Proposed: Class 024 for Textile fabrics curtains | |
| Additional Statements | |
| No claim is made to the exclusive right to use WINDOW COMPANY apart from the mark as shown. | |
| Applicant claims ownership of U.S. Registration Number(s) 2946579 and 2946578. | |
| Declaration Signature |
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| 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: /mark d. godler/ Date: 09/07/2005 | |
| Signatory's Name: Mark D. Godler | |
| Signatory's Position: Attorney | |
| Response Signature | |
| Signature: /mark d. godler/ Date: 09/07/2005 | |
| Signatory's Name: Mark D. Godler | |
| Signatory's Position: Attorney | |
| Serial Number: 76606953 | |
| Internet Transmission Date: Wed Sep 07 12:16:05 EDT 2005 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXX-20050907121605209091- 76606953-200625a44874d5e734b3598d3b99538 82-N-N-20050907121559739591 |