| PTO Form 1957 (Rev 5/2006) |
| OMB No. 0651-0050 (Exp. 04/2009) |
| Input Field |
Entered |
| SERIAL NUMBER | 76615508 |
| LAW OFFICE ASSIGNED | LAW OFFICE 108 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
Applicant respectfully requests that the mark be approved in conjunction with the accompanying disclaimer of the word ZZZ's. Applicant respectfully adopts the standard character claim set forth by the examiner. It is respectfully submitted that there will be no likelihood of confusion inasmuch as the mark of concern is a highly designed "snoring human face wearing a nightcap containing the word ZZZ's on the nightcap with a blanket pulled up under the nose" to identify "infants and children's sleepwear and blanket sleepers". Accordingly, consumer's likely do not associate a ZZZ's words only brandname with the aformentioned products makeing it unlikely that the applicant's words only brand "CATHIN ZZZ's" will cause consumer confusion. The applicant's disclaimer of the words only mark ZZZ's further eliminates the concern of approving registration and it is respectfully requested that registration be allowed.
|
|
| ADDITIONAL STATEMENTS SECTION | |
| DISCLAIMER | "No claim is made to the exclusive right to use ZZZ's apart from the mark as shown." |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice. |
| RESPONSE SIGNATURE | / JPB / |
| SIGNATORY NAME | John P. Bostany |
| SIGNATORY POSITION | Attorney for Applicant |
| SIGNATURE DATE | 11/17/2005 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu Nov 17 19:43:39 EST 2005 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XX.XXX-2 0051117194339577007-76615 508-32058715f6d6eea86e4b4 412ecc75b34ecf-N/A-N/A-20 051117192229632991 |
| PTO Form 1957 (Rev 5/2006) |
| OMB No. 0651-0050 (Exp. 04/2009) |
Applicant respectfully requests that the mark be approved in conjunction with the accompanying disclaimer of the word ZZZ's.
Applicant respectfully adopts the standard character claim set forth by the examiner.
It is respectfully submitted that there will be no likelihood of confusion inasmuch as the mark of concern is a highly designed "snoring human face wearing a nightcap containing the word ZZZ's on the nightcap with a blanket pulled up under the nose" to identify "infants and children's sleepwear and blanket sleepers".
Accordingly, consumer's likely do not associate a ZZZ's words only brandname with the aformentioned products makeing it unlikely that the applicant's words only brand "CATHIN ZZZ's" will cause consumer confusion. The applicant's disclaimer of the words only mark ZZZ's further eliminates the concern of approving registration and it is respectfully requested that registration be allowed.