| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 07/31/2017) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
76713424 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 118 |
| MARK SECTION |
| MARK |
http://uspto.report/TM/76713424/mark.png |
| LITERAL ELEMENT |
KENSINGTON |
| STANDARD CHARACTERS |
YES |
| USPTO-GENERATED IMAGE |
YES |
| MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
| ADDITIONAL STATEMENTS SECTION |
| MISCELLANEOUS STATEMENT |
The Examining Attorney has refused Applicant's specimen submitted with the statement of use on March 17, 2014. The specimen clearly shows the
subject mark, KENSINGTON, in conjunction with ordering information, such as a telephone number and email address. As Applicant stated in support of its statement of use, Applicant provides
specialized goods for which technical assistance is required in selecting the product or determining the product specifications. Applicant's website and catalogs provide the prospective purchaser
with information necessary so that customer can select a product and call Applicant to confirm the correctness of the selection and place an order. T.M.E.P. Section 904.03(i)(C)(2) addresses such a
scenario. Page 19 of Applicant's specimen clearly provides numerous options with respect to the horse stalls Applicant sells such as the "Curved European Styled Low or High Rise Stall Grillwork,"
several options for doors and color options. Applicant's horse stalls, as evidences by the images that are part of the specimen, are clearly a large item that requires customization and technical
assistance. A "one-size fits all" approach is not possible with such a large and specialized item as a horse stall. Applicant provides both a telephone number ((800) 444-7430) and an email address
(sales@classic-equine.com) where customers can engage and directly initiate the sales/ordering process with Applicant. These bits of contact information appear in close proximity to the KENSINGTON
mark which, in turn, appears in close proximity to an image of the goods and product information. When all these factors are considered together, it is apparent that specimen submitted suffices as an
electronic display that functions as evidence of use of Applicant's trademark. Purchasing a horse stall is akin to purchasing a garage door or other large ticket product that may be installed in a
building. Applicant contends that an ordinary consumer would require technical assistance in order to purchase such an item, which is what the Applicant provides herein. As such, the need for a
customer to consult with a sales associate from Applicant's business is evident. Therefore, Applicant respectfully requests that the Examining Attorney withdraw her refusal to accept Applicant's
specimen and permit the subject application to proceed to registration. |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/laila s. wolfgram/ |
| SIGNATORY'S NAME |
Laila S. Wolfgram |
| SIGNATORY'S POSITION |
Attorney for Applicant, Missouri Bar Member |
| SIGNATORY'S PHONE NUMBER |
314-863-0800 |
| DATE SIGNED |
11/04/2014 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Tue Nov 04 12:21:11 EST 2014 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XX-20
141104122111517213-767134
24-50067c6487bd409f57f318
8cb9ede6d2ec419a15a9c5fbd
3b18372dd4bfbbd2b1-N/A-N/
A-20141104121812052996 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 07/31/2017) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
76713424 KENSINGTON(Standard Characters, see http://uspto.report/TM/76713424/mark.png) has been amended as follows:
ADDITIONAL STATEMENTS
Miscellaneous Statement
The Examining Attorney has refused Applicant's specimen submitted with the statement of use on March 17, 2014. The specimen clearly shows the subject mark, KENSINGTON, in conjunction with ordering
information, such as a telephone number and email address. As Applicant stated in support of its statement of use, Applicant provides specialized goods for which technical assistance is required in
selecting the product or determining the product specifications. Applicant's website and catalogs provide the prospective purchaser with information necessary so that customer can select a product
and call Applicant to confirm the correctness of the selection and place an order. T.M.E.P. Section 904.03(i)(C)(2) addresses such a scenario. Page 19 of Applicant's specimen clearly provides
numerous options with respect to the horse stalls Applicant sells such as the "Curved European Styled Low or High Rise Stall Grillwork," several options for doors and color options. Applicant's horse
stalls, as evidences by the images that are part of the specimen, are clearly a large item that requires customization and technical assistance. A "one-size fits all" approach is not possible with
such a large and specialized item as a horse stall. Applicant provides both a telephone number ((800) 444-7430) and an email address (sales@classic-equine.com) where customers can engage and directly
initiate the sales/ordering process with Applicant. These bits of contact information appear in close proximity to the KENSINGTON mark which, in turn, appears in close proximity to an image of the
goods and product information. When all these factors are considered together, it is apparent that specimen submitted suffices as an electronic display that functions as evidence of use of
Applicant's trademark. Purchasing a horse stall is akin to purchasing a garage door or other large ticket product that may be installed in a building. Applicant contends that an ordinary consumer
would require technical assistance in order to purchase such an item, which is what the Applicant provides herein. As such, the need for a customer to consult with a sales associate from Applicant's
business is evident. Therefore, Applicant respectfully requests that the Examining Attorney withdraw her refusal to accept Applicant's specimen and permit the subject application to proceed to
registration.
SIGNATURE(S)
Response Signature
Signature: /laila s. wolfgram/ Date: 11/04/2014
Signatory's Name: Laila S. Wolfgram
Signatory's Position: Attorney for Applicant, Missouri Bar Member
Signatory's Phone Number: 314-863-0800
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: 76713424
Internet Transmission Date: Tue Nov 04 12:21:11 EST 2014
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20141104122111517
213-76713424-50067c6487bd409f57f3188cb9e
de6d2ec419a15a9c5fbd3b18372dd4bfbbd2b1-N
/A-N/A-20141104121812052996