Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 77101528 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:

Applicant confirms that it is a corporation organized under the laws of Nevada and that its formal name is "Skagen Designs, Ltd."

Applicant claims distinctiveness of the trademark "Skagen" on the basis of continuous use, prior registrations and evidence, as set forth below.  Applicant has been in business for over fifteen years and the name "Skagen" has acquired a distinctiveness and is viewed by the public as an indication of the source of the watches, sunglasses and other product sold by Applicant.  Applicant is a large and growing business with global sales of Skagen product exceeding $50 million.  Accordingly, there is a large amount of material that evidences the distinctiveness and secondary meaning of the "Skagen" trademark.  Should the statements and evidence submitted herein not be sufficient to establish distinctiveness and secondary meaning, Applicant requests to be allowed to submit further evidence.

Additional Statements

"Applicant claims ownership of U.S. Registration Number(s) 2680323, 1908375, 2961645 and others."

"The mark has become distinctive of the goods/services, as demonstrated by the attached evidence. "
Original PDF file:
E2F1-64426590-172254465_._BusWeek.pdf
Converted PDF file(s) (1 page)
2(f) evidence-1
Original PDF file:
E2F1-64426590-172254465_._ewatches.pdf
Converted PDF file(s) (1 page)
2(f) evidence-1
Original PDF file:
E2F1-64426590-172254465_._nordstrom.pdf
Converted PDF file(s) (1 page)
2(f) evidence-1
Original PDF file:
E2F1-64426590-172254465_._amazon.pdf
Converted PDF file(s) (1 page)
2(f) evidence-1
Original PDF file:
E2F1-64426590-172254465_._princeton.pdf
Converted PDF file(s) (1 page)
2(f) evidence-1
Original PDF file:
E2F1-64426590-172254465_._watchesgiant.pdf
Converted PDF file(s) (1 page)
2(f) evidence-1

"The mark 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."

"The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for related goods or services of U.S. Registration No(s) 2680323, 1908375, 2961645, 2699696, 2250199, 3056158, 3030087, 2973209. "

Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii). If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /Robert M. Rowen/      Date: 05/31/2007
Signatory's Name: Robert M. Rowen
Signatory's Position: Counsel, Skagen Designs

Response Signature
Signature: /Robert M/ Rowen/     Date: 05/31/2007
Signatory's Name: Robert M. Rowen
Signatory's Position: Counsel, Skagen Designs

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.
        
Serial Number: 77101528
Internet Transmission Date: Thu May 31 17:48:55 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-200705311748558622
06-77101528-37038242acff4488248fbce53028
c47e3f-N/A-N/A-20070531172254465356