Response to Office Action

Input Field	Entered
SERIAL NUMBER	76623225
LAW OFFICE ASSIGNED	LAW OFFICE 114
MARK SECTION (no change)
ARGUMENT(S)
Date of Application Declaration Upon information and belief, the application declaration was signed on November 10, 2004. Disclaimer No claim is made to the exclusive right to use “ART,” “SCREEN” and “MASKING SYSTEMS” apart from the mark as shown. As depicted in the application, the terms “ART,” “SCREEN,” and “MASKING SYSTEMS” are each in differing fonts and located on separate lines of the stylized design mark. The terms do not form a unitary phrase that is descriptive of Applicant’s goods. Cf. In re Wanstrath, 7 USPQ2d 1412 (TTAB 1987) (finding the phrase GLASS TECHNOLOGY to be a unitary expression). See also, U.S. Reg. No. 3,044,676 ALL NATURAL FALWASSER WATER THIN CRISPBREAD MADE IN AUSTRALIA & Design (separately disclaiming ALL NATURAL, WAFER THIN CRISPBREAD, and MADE IN AUSTRALIA); U.S. Reg. No. 2,989,325 for ALL NATURAL NAYORA ORIGINAL ARMENIAN RECIPES & Design (separately disclaiming ALL NATURAL and ORIGINAL ARMENIAN RECIPES); U.S. Reg. No. 2,972,450 for THE FRESH COOKIE DOUGH FACTORY ALL NATURAL GOURMET MIX & Design (separately disclaiming THE FRESH COOKIE DOUGH and ALL NATURAL GOURMET MIX); U.S. Reg. No. 2,943,473 for KEMI LABORATORIES OYL ALL NATURAL HAIR OIL & Design (separately disclaiming LABORATORIES, OIL and ALL NATURAL HAIR OIL); and U.S. Reg. No. 2,941,394 for KAPITOL CITY EVENTS EVENT SERVICES FOR ALL OCCASIONS & Design (separately disclaiming EVENTS and EVENT SERVICES FOR ALL OCCASSIONS). Therefore, the Examiner’s requirement that ART SCREEN MASKING SYSTEMS be disclaimed as a whole is improper and Applicant’s proposed disclaimer complies with 15 U.S.C. § 1056. The Examiner is invited to contact the undersigned by telephone, facsimile or email if the Examiner believes that such a communication would advance the prosecution of the instant application.
GOODS AND/OR SERVICES SECTION (class deleted)
INTERNATIONAL CLASS	020
DESCRIPTION
Electrically and manually controlled, decorative masking systems and frames sold as a unit for use in selectively concealing televisions, video displays, and video projection screens
FILING BASIS	Section 1(a)
FIRST USE ANYWHERE DATE	At least as early as 09/00/2002
FIRST USE IN COMMERCE DATE	At least as early as 04/01/2003
GOODS AND/OR SERVICES SECTION (class added) Original Class (020)
INTERNATIONAL CLASS	009
DESCRIPTION
Electronically controlled masking systems consisting of rollable art and frames sold as a unit for use in selectively concealing televisions, video displays, and video projection screens
FILING BASIS	Section 1(a)
FIRST USE ANYWHERE DATE	At least as early as 09/00/2002
FIRST USE IN COMMERCE DATE	At least as early as 04/01/2003
ADDITIONAL STATEMENTS SECTION
DISCLAIMER	"No claim is made to the exclusive right to use ART, SCREEN and MASKING SYSTEMS apart from the mark as shown."
SIGNATURE SECTION
RESPONSE SIGNATURE	/pem/
SIGNATORY NAME	Patricia E. McQueeney
SIGNATORY POSITION	Attorney
SIGNATURE DATE	01/18/2006
FILING INFORMATION SECTION
SUBMIT DATE	Wed Jan 18 19:46:40 EST 2006
TEAS STAMP	USPTO/ROA-XXX.XXX.XXX.XXX -20060118194640236109-766 23225-32074918d2e64683a2f af2c75e9b8c433d5-N/A-N/A- 20060118194130176991

To the Commissioner for Trademarks:

Upon information and belief, the application declaration was signed on November 10, 2004.

No claim is made to the exclusive right to use “ART,” “SCREEN” and “MASKING SYSTEMS” apart from the mark as shown.

As depicted in the application, the terms “ART,” “SCREEN,” and “MASKING SYSTEMS” are each in differing fonts and located on separate lines of the stylized design mark. The terms do not form a unitary phrase that is descriptive of Applicant’s goods. Cf. In re Wanstrath, 7 USPQ2d 1412 (TTAB 1987) (finding the phrase GLASS TECHNOLOGY to be a unitary expression). See also, U.S. Reg. No. 3,044,676 ALL NATURAL FALWASSER WATER THIN CRISPBREAD MADE IN AUSTRALIA & Design (separately disclaiming ALL NATURAL, WAFER THIN CRISPBREAD, and MADE IN AUSTRALIA); U.S. Reg. No. 2,989,325 for ALL NATURAL NAYORA ORIGINAL ARMENIAN RECIPES & Design (separately disclaiming ALL NATURAL and ORIGINAL ARMENIAN RECIPES); U.S. Reg. No. 2,972,450 for THE FRESH COOKIE DOUGH FACTORY ALL NATURAL GOURMET MIX & Design (separately disclaiming THE FRESH COOKIE DOUGH and ALL NATURAL GOURMET MIX); U.S. Reg. No. 2,943,473 for KEMI LABORATORIES OYL ALL NATURAL HAIR OIL & Design (separately disclaiming LABORATORIES, OIL and ALL NATURAL HAIR OIL); and U.S. Reg. No. 2,941,394 for KAPITOL CITY EVENTS EVENT SERVICES FOR ALL OCCASIONS & Design (separately disclaiming EVENTS and EVENT SERVICES FOR ALL OCCASSIONS). Therefore, the Examiner’s requirement that ART SCREEN MASKING SYSTEMS be disclaimed as a whole is improper and Applicant’s proposed disclaimer complies with 15 U.S.C. § 1056.

The Examiner is invited to contact the undersigned by telephone, facsimile or email if the Examiner believes that such a communication would advance the prosecution of the instant application.