| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 76606954 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
Likelihood of Confusion. The Office Action refused registration on the ground that there may be a likelihood of confusion between THE MANHATTAN BEDDING CO. in Class 24 for "Ready-made bedding products; namely, comforters, bed skirts, bed sheets, shams, pillowcases, and curtains made of fabric" 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". However, the Examiner's refusal applies only to the description of the goods that relates to "the curtains made of fabric goods" portion of the application, and by this Response, Applicant therefore respectfully requests that the identification of goods be amended as indicated below: Amended Identification of Goods. Applicant hereby adopts the following identification of goods: "Bedding ensembles, namely, comforters, blankets, quilts, shams, bed skirts, bed sheets, and pillowcases" 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. |
|
| GOODS AND/OR SERVICES SECTION (no change) | |
| ADDITIONAL STATEMENTS SECTION | |
| DISCLAIMER | No claim is made to the exclusive right to use BEDDING CO. 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 12:13:42 EDT 2005 |
| TEAS STAMP | USPTO/OA-XXXXXXXXX-200509 07121342016087-76606954-2 001cb523cd2c46935c879a07c 34ef5115-N-N-200509071212 39265584 |
| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 76606954 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 BEDDING CO. in Class 24 for "Ready-made bedding products; namely, comforters, bed skirts, bed sheets, shams, pillowcases, and curtains made of fabric" 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". However, the Examiner's refusal applies only to the description of the goods that relates to "the curtains made of fabric goods" portion of the application, and by this Response, Applicant therefore respectfully requests that the identification of goods be amended as indicated below: Amended Identification of Goods. Applicant hereby adopts the following identification of goods: "Bedding ensembles, namely, comforters, blankets, quilts, shams, bed skirts, bed sheets, and pillowcases" 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. |
|
| Additional Statements | |
| No claim is made to the exclusive right to use BEDDING CO. apart from the mark as shown. | |
| Applicant claims ownership of U.S. Registration Number(s) 2946579 and 2946578. | |
| Declaration Signature |
|
| 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: 76606954 | |
| Internet Transmission Date: Wed Sep 07 12:13:42 EDT 2005 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXX-20050907121342016087- 76606954-2001cb523cd2c46935c879a07c34ef5 115-N-N-20050907121239265584 |