| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 77000685 |
| LAW OFFICE ASSIGNED | LAW OFFICE 112 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
In the Office Action, the Examiner has objected to the specimen because the specimen allegedly does not agree with the mark as depicted on the drawing page. In particular, the Examiner points out that the specimen displays the mark with the apostrophe before the "N" rather than the apostrophe after the "N". Applicant respectfully disagrees. The specimen previously submitted was obtained from the client's website and depicts packaging for an "Elmo" version of the toy. That specimen shows the mark as "SEE N' COLOR". Attached is an enlarged photograph of a new specimen which is a "Thomas" version of the toy and which clearly shows that the apostrophe is after the "N" of the mark such that the mark is shown as "SEE N' COLOR". Moreover, it is noted that the term "mini mats" is not a portion of the mark, and this fact is in agreement with the way the mark is depicted on the specimen. In particular, the mark SEE N' COLOR is depicted in a larger text and on a separate line than the term "mini mats". For all of the foregoing reasons, it is believed that a substitute specimen is not required and that the originally-filed specimen properly shows the mark to be in agreement with the drawing page of the application. |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME(S) |
\\TICRS\EXPORT4\IMAGEOUT4 \770\006\77000685\xml1\RO A0002.JPG |
| DESCRIPTION OF EVIDENCE FILE | The evidence is an electronic image of the specimen showing the mark as used as identified in this response to the Office Action. |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Edward M. Weisz/ |
| SIGNATORY'S NAME | Edward M. Weisz |
| SIGNATORY'S POSITION | Attorney for Applicant |
| DATE SIGNED | 12/04/2008 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu Dec 04 16:15:16 EST 2008 |
| TEAS STAMP | USPTO/ROA-XXX.XX.XX.XX-20 081204161516324433-770006 85-430b6a2aef37f4d7d2127c e175675d6f69-N/A-N/A-2008 1204161407383586 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
In the Office Action, the Examiner has objected to the specimen because the specimen allegedly does not agree with the mark as depicted on the drawing page. In particular, the Examiner points out that the specimen displays the mark with the apostrophe before the "N" rather than the apostrophe after the "N". Applicant respectfully disagrees. The specimen previously submitted was obtained from the client's website and depicts packaging for an "Elmo" version of the toy. That specimen shows the mark as "SEE N' COLOR". Attached is an enlarged photograph of a new specimen which is a "Thomas" version of the toy and which clearly shows that the apostrophe is after the "N" of the mark such that the mark is shown as "SEE N' COLOR". Moreover, it is noted that the term "mini mats" is not a portion of the mark, and this fact is in agreement with the way the mark is depicted on the specimen. In particular, the mark SEE N' COLOR is depicted in a larger text and on a separate line than the term "mini mats".
For all of the foregoing reasons, it is believed that a substitute specimen is not required and that the originally-filed specimen properly shows the mark to be in agreement with the drawing page of the application.
