| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
| Input Field |
Entered |
| SERIAL NUMBER | 76658898 |
| LAW OFFICE ASSIGNED | LAW OFFICE 113 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
The examining attorney has required that applicant disclaim the wording “case” from the mark on the basis that the word is merely descriptive. Applicant respectfully submits that “case” is not merely descriptive as used in the applied-for mark because “case” can have other meanings other than just a “container” and “case”, as used in applicant’s mark, does not merely connote a container. Further, consumers are not accustomed to hamburger sandwiches coming in cases such that they would automatically associate “case” in applicant’s mark with a container. One meaning for “case” is “infatuation”. Along these lines, a significant amount of applicant’s promotional efforts regarding its hamburgers relate to consumers desiring and yearning for applicant’s burgers. As a result, consumers regularly go out of their way, at all times of the day and night, seeking out applicant’s restaurants and purchasing its hamburgers. Therefore, when consumers view the mark CRAVE CASE, they do not merely think that applicant’s hamburgers come in a container, but rather the mark connotes that the consumers have an “infatuation” with the applicant’s hamburgers and/or that the related products are greatly “desired” and “yearned for” by consumers. Another meaning of “case” is having a circumstance for or a plight for something, like consumers can have a “case” for applicant’s hamburgers. A copy of the relevant meanings of “case” from www.dictionary.com is attached. Consumers will not necessarily connote CRAVE CASE with a container, but are more likely to connote CRAVE CASE with having an infatuation with or yearning for applicant’s hamburgers. Consumers are accustomed to seeing certain products in “cases”. For instance, beer or soda typically comes in a case. Hamburgers do not typically come in cases, rather they are generally packaged separately. Therefore, although “case” may be merely descriptive of beer or soda, it is not merely descriptive of hamburger sandwiches. In support thereof, the U.S.P.T.O. has not required a disclaimer of the word “case” in registrations for some food and beverage products. See, COOL CASE for fruit-juice drinks, Reg. No. 2783310; CASE CLOSED for candy and ice cream, Serial No. 78/394452; and DENTS & DINGS BY THE CASE for cooked meat, fruits and other foods, Serial No. 78/673840. Copies of abstracts of these registrations from the U.S.P.T.O. website are attached. Presumably, the U.S.P.T.O. did not require a disclaimer of “case” in these marks because consumers are not accustomed to seeing the related products in “cases” and the overall connotation of the marks were such that “case” would not be deemed merely descriptive. For the foregoing reasons, applicant respectfully requests that the examining attorney withdraw the refusal for a requirement of a disclaimer of “case”. |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME(S) |
\\TICRS2\EXPORT12\766\588 \76658898\xml2\ROA0002.JP G |
| \\TICRS2\EXPORT12\766\588 \76658898\xml2\ROA0003.JP G | |
| \\TICRS2\EXPORT12\766\588 \76658898\xml2\ROA0004.JP G | |
| \\TICRS2\EXPORT12\766\588 \76658898\xml2\ROA0005.JP G | |
| \\TICRS2\EXPORT12\766\588 \76658898\xml2\ROA0006.JP G | |
| DESCRIPTION OF EVIDENCE FILE | Copies of relevant dictionary definitions from www.dictionary.com and abstracts of registrations from the U.S.P.T.O. website. |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Karen Hammond/ |
| SIGNATORY'S NAME | Karen Hammond |
| SIGNATORY'S POSITION | Attorney of record |
| DATE SIGNED | 03/14/2007 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Mar 14 17:04:47 EDT 2007 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XXX.XXX- 20070314170447276322-7665 8898-3701d547db92c84db3bf 478c9ab8141150-N/A-N/A-20 070314165921066538 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
The examining attorney has required that applicant disclaim the wording “case” from the mark on the basis that the word is merely descriptive. Applicant respectfully submits that “case” is not merely descriptive as used in the applied-for mark because “case” can have other meanings other than just a “container” and “case”, as used in applicant’s mark, does not merely connote a container. Further, consumers are not accustomed to hamburger sandwiches coming in cases such that they would automatically associate “case” in applicant’s mark with a container.
One meaning for “case” is “infatuation”. Along these lines, a significant amount of applicant’s promotional efforts regarding its hamburgers relate to consumers desiring and yearning for applicant’s burgers. As a result, consumers regularly go out of their way, at all times of the day and night, seeking out applicant’s restaurants and purchasing its hamburgers. Therefore, when consumers view the mark CRAVE CASE, they do not merely think that applicant’s hamburgers come in a container, but rather the mark connotes that the consumers have an “infatuation” with the applicant’s hamburgers and/or that the related products are greatly “desired” and “yearned for” by consumers. Another meaning of “case” is having a circumstance for or a plight for something, like consumers can have a “case” for applicant’s hamburgers. A copy of the relevant meanings of “case” from www.dictionary.com is attached. Consumers will not necessarily connote CRAVE CASE with a container, but are more likely to connote CRAVE CASE with having an infatuation with or yearning for applicant’s hamburgers.
Consumers are accustomed to seeing certain products in “cases”. For instance, beer or soda typically comes in a case. Hamburgers do not typically come in cases, rather they are generally packaged separately. Therefore, although “case” may be merely descriptive of beer or soda, it is not merely descriptive of hamburger sandwiches. In support thereof, the U.S.P.T.O. has not required a disclaimer of the word “case” in registrations for some food and beverage products. See, COOL CASE for fruit-juice drinks, Reg. No. 2783310; CASE CLOSED for candy and ice cream, Serial No. 78/394452; and DENTS & DINGS BY THE CASE for cooked meat, fruits and other foods, Serial No. 78/673840. Copies of abstracts of these registrations from the U.S.P.T.O. website are attached. Presumably, the U.S.P.T.O. did not require a disclaimer of “case” in these marks because consumers are not accustomed to seeing the related products in “cases” and the overall connotation of the marks were such that “case” would not be deemed merely descriptive.
For the foregoing reasons, applicant respectfully requests that the examining attorney withdraw the refusal for a requirement of a disclaimer of “case”.
