| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 76651207 |
| LAW OFFICE ASSIGNED | LAW OFFICE 108 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
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Informal Issue: In this case, the original drawing displays the mark as XTREME BRITE (in uppercase letters) to the right of a moon design, while the specimen shows the mark as XTREME BRITE (in stylized font with an enlarge letter X and a star design located above the letter "i") to the superimposed over a moon design. The examining attorney finds the additional design elements create a separate commercial impression from the mark on the original drawing. The applicant begs to differ that the addition of the star dotting the i creates a separate commerical impression. As stated the original drawing displays the mark XTREME BRITE in all caps which is a word mark filed without regard to font or style. The design is the half moon. In the specimen the moon is slightly moved over (less than a quarter inch) hardly a significant change. Regarding the star it is used in place of dotting the I. It would be permissible to dot the I with a dot and the star is similar in shape and does not change the meaning of the word Brite. One has certainly seen names such as Katie with the i dotted with a heart. That does not change the name or impression and even a second grader is still able to read and understand that it is the name Katie. Examiner requests that if we could not satisfy the requirements in the office action, applicant may amend the Section 1(a) filing basis (use in commerce) to Section 1 (b) (intent to use basis), for which no specimen is required. However applicant had originally filed as Section 1(b). Accordingly, it is believed that the applicant's application is in condition for allowance. Such action is respectfully requested.
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| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /frank kubler/ |
| SIGNATORY'S NAME | Frank Kubler |
| SIGNATORY'S POSITION | Attorney of Record |
| DATE SIGNED | 08/20/2008 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Aug 20 16:42:48 EDT 2008 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XX.XX-20 080820164248521313-766512 07-430967ecfdbdd9d85e6c0a bafd54af352d3-N/A-N/A-200 80820155053808478 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
Informal Issue:
In this case, the original drawing displays the mark as XTREME BRITE (in uppercase letters) to the right of a moon design, while the specimen shows the mark as XTREME BRITE (in stylized font with an enlarge letter X and a star design located above the letter "i") to the superimposed over a moon design. The examining attorney finds the additional design elements create a separate commercial impression from the mark on the original drawing.
The applicant begs to differ that the addition of the star dotting the i creates a separate commerical impression. As stated the original drawing displays the mark XTREME BRITE in all caps which is a word mark filed without regard to font or style. The design is the half moon. In the specimen the moon is slightly moved over (less than a quarter inch) hardly a significant change. Regarding the star it is used in place of dotting the I. It would be permissible to dot the I with a dot and the star is similar in shape and does not change the meaning of the word Brite. One has certainly seen names such as Katie with the i dotted with a heart. That does not change the name or impression and even a second grader is still able to read and understand that it is the name Katie.
Examiner requests that if we could not satisfy the requirements in the office action, applicant may amend the Section 1(a) filing basis (use in commerce) to Section 1 (b) (intent to use basis), for which no specimen is required. However applicant had originally filed as Section 1(b).
Accordingly, it is believed that the applicant's application is in condition for allowance. Such action is respectfully requested.