Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

---

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 76684850 has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Attorney Docket No.:  319110US29

Mark:  AMERICAN PSYCHOLOGICAL ASSOCIATION HUMANISTIC PSYCHOLOGY & DESIGN

Application Serial No.:  76/684,850

 

 

REMARKS

 

            This is a Response to the Office Action mailed May 22, 2009.

 

Pursuant to the requirement of the Examining Attorney, Applicant has disclaimed the exclusive right to use "ASSOCIATION" apart from the mark as shown.  In addition, Applicant has withdrawn its claim of acquired distinctiveness and replaced it with a claim of acquired distinctiveness in part as to the wording AMERICAN PSYCHOLOGICAL ASSOCIATION HUMANISTIC PSYCHOLOGY.  A Declaration claiming the wording "AMERICAN PSYCHOLOGICAL ASSOCIATION HUMANISTIC PSYCHOLOGY"  has become distinctive of the goods and/or services through applicant's substantially exclusive and continuous use in a type of commerce that may be lawfully regulated by the U.S. Congress for at least the five years immediately before the date of this statement is attached.

 

Because Applicant has satisfied all of the suggestions and requirements of the Examining Attorney, Applicant respectfully requests this application be approved for publication.  Should the Examining Attorney have any questions, she is invited to contact Applicant's counsel at (703) 412-6054.

 

Kathleen Cooney-Porter

Jeffrey S. Molinoff

Oblon, Spivak, McClelland,

 Maier & Neustadt, L.L.P.

1940 Duke Street

Alexandria, Virginia  22314

(703) 413-3000

fax (703) 413-2220

e-mail: tmdocket@oblon.com

 

KCP/JSM/nlc  { 2100025_1.DOC}

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use ASSOCIATION apart from the mark as shown.

Section 2(f), in part, based on Use
AMERICAN PSYCHOLOGICAL ASSOCIATION HUMANISTIC PSYCHOLOGY has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use in commerce for at least the five years immediately before the date of this statement.

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_74915947-143122379_._319110US-dec.pdf
Converted PDF file(s) (2 pages)
Signature File1
Signature File2
Signatory's Name: L. Michael Honaker, PhD
Signatory's Position: Deputy CEO

Response Signature
Signature: /KCP/     Date: 11/18/2009
Signatory's Name: Kathleen Cooney-Porter
Signatory's Position: Attorney of record, Member of DC Bar

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 76684850
Internet Transmission Date: Wed Nov 18 15:17:05 EST 2009
TEAS Stamp: USPTO/ROA-XX.X.XXX.XX-200911181517054966
07-76684850-460a6da54e3c8f5f70e5d7470f38
7749e-N/A-N/A-20091118143122379678