PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/2009) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 77110760 |
LAW OFFICE ASSIGNED | LAW OFFICE 101 |
MARK SECTION (no change) | |
ARGUMENT(S) | |
This paper is in response to the Office Action emailed May 14, 2007. Kindly amend the application by substituting "Supplemental Register" for "Principal Register" appearing in the application as originally filed. Also, kindly amend the application by substituting the following identification of goods for that contained in the application as originally filed: Vacuum cleaner attachments and accessories, namely, adapters, suction nozzles and brushes for vacuum cleaners in Class 7. Additionally, please amend the application by inserting the following statement: “No claim is made to the exclusive right to use “PACK” apart from the mark as shown.” Remarks A. No Conflict Found The Examining Attorney stated that he has searched the Trademark Office records and has found no registered or pending mark that bars registration under the Trademark Act. Applicant appreciates the Examining Attorney’s notification in this regard. B. Amendment to the Supplemental RegisterIn the Office Action, the Examining Attorney refused registration of Applicant’s mark on the Principal Register under Section 2(e) of the Trademark Act. Pursuant to 37 CFR § 2.75, Applicant has amended the application from one requesting registration on the Principal Register to one requesting registration on the Supplemental Register. Pursuant to TMEP 1115.04, it is procedurally acceptable to request registration on the Supplemental Register after a refusal to register on the Principal Register is made. Applicant understands that to amend the application to the Supplemental Register, it must prove use of the mark in commerce. Applicant has filed its Allegation to Allege Use (see Ex. A), along with a corresponding date of first use in commerce and appropriate specimen showing how the mark is used in commerce. As the mark is now being used in commerce, and such use has been proved, Applicant submits that its amendment of the application from the Principal Register to the Supplemental Register is appropriate. C. Identification of Goods In the Office Action, the Examining Attorney determined that the identification of goods was unacceptable as indefinite. The Examining Attorney required Applicant to amend the identification of goods to specify the common commercial names of the goods. In compliance with this requirement, Applicant has now amended the identification of goods contained in the application. D. Disclaimer In the Office Action, the Examining Attorney required Applicant to disclaim the term “PACK” apart from the mark as shown. In compliance with this requirement, Applicant has now amended the application to include an appropriate disclaimer of that term. Inasmuch as there are no outstanding issues, Applicant submits that the application is now in a condition for publication. Early notification is respectfully requested. Please address any additional questions about this matter to the undersigned attorney of record. |
|
EVIDENCE SECTION | |
EVIDENCE FILE NAME(S) |
\\TICRS2\EXPORT13\771\107 \77110760\xml3\ROA0002.JP G |
\\TICRS2\EXPORT13\771\107 \77110760\xml3\ROA0003.JP G | |
\\TICRS2\EXPORT13\771\107 \77110760\xml3\ROA0004.JP G | |
\\TICRS2\EXPORT13\771\107 \77110760\xml3\ROA0005.JP G | |
DESCRIPTION OF EVIDENCE FILE | Exhibit A |
GOODS AND/OR SERVICES SECTION (current) | |
INTERNATIONAL CLASS | 007 |
DESCRIPTION | Vacuum cleaner attachments and accessories |
FIRST USE ANYWHERE DATE | At least as early as 08/31/2007 |
FIRST USE IN COMMERCE DATE | At least as early as 08/31/2007 |
FILING BASIS | Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) | |
INTERNATIONAL CLASS | 007 |
DESCRIPTION | |
Vacuum cleaner attachments and accessories, namely, adapters, suction nozzles and brushes for vacuum cleaners | |
FIRST USE ANYWHERE DATE | At least as early as 08/31/2007 |
FIRST USE IN COMMERCE DATE | At least as early as 08/31/2007 |
FILING BASIS | Section 1(b) |
ADDITIONAL STATEMENTS SECTION | |
DISCLAIMER | "No claim is made to the exclusive right to use PACK apart from the mark as shown." |
SUPPLEMENTAL REGISTER | "The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register')." NOTE: The applicant has separately filed an Allegation of Use, to change the basis of this application from Section 1(b), intent-to-use, to Section 1(a), use in commerce. |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice. |
RESPONSE SIGNATURE | /Mary C. Bonnema/ |
SIGNATORY'S NAME | Mary C. Bonnema |
SIGNATORY'S POSITION | Attorney |
DATE SIGNED | 09/10/2007 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Mon Sep 10 11:19:09 EDT 2007 |
TEAS STAMP | USPTO/ROA-XX.XXX.XX.XXX-2 0070910111909591446-77110 760-400e963cad05dc057701b 748ef4a81047fb-N/A-N/A-20 070910111358234307 |
PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/2009) |
This paper is in response to the Office Action emailed May 14, 2007.
Kindly amend the application by substituting "Supplemental Register" for "Principal Register" appearing in the application as originally filed.
Also, kindly amend the application by substituting the following identification of goods for that contained in the application as originally filed:
Vacuum cleaner attachments and accessories, namely, adapters, suction nozzles and brushes for vacuum cleaners in Class 7.
Additionally, please amend the application by inserting the following statement:
“No claim is made to the exclusive right to use “PACK” apart from the mark as shown.”
Remarks
A. No Conflict Found
The Examining Attorney stated that he has searched the Trademark Office records and has found no registered or pending mark that bars registration under the Trademark Act. Applicant appreciates the Examining Attorney’s notification in this regard.
In the Office Action, the Examining Attorney refused registration of Applicant’s mark on the Principal Register under Section 2(e) of the Trademark Act. Pursuant to 37 CFR § 2.75, Applicant has amended the application from one requesting registration on the Principal Register to one requesting registration on the Supplemental Register. Pursuant to TMEP 1115.04, it is procedurally acceptable to request registration on the Supplemental Register after a refusal to register on the Principal Register is made.
Applicant understands that to amend the application to the Supplemental Register, it must prove use of the mark in commerce. Applicant has filed its Allegation to Allege Use (see Ex. A), along with a corresponding date of first use in commerce and appropriate specimen showing how the mark is used in commerce. As the mark is now being used in commerce, and such use has been proved, Applicant submits that its amendment of the application from the Principal Register to the Supplemental Register is appropriate.
C. Identification of Goods
In the Office Action, the Examining Attorney determined that the identification of goods was unacceptable as indefinite. The Examining Attorney required Applicant to amend the identification of goods to specify the common commercial names of the goods. In compliance with this requirement, Applicant has now amended the identification of goods contained in the application.
D. Disclaimer
In the Office Action, the Examining Attorney required Applicant to disclaim the term “PACK” apart from the mark as shown. In compliance with this requirement, Applicant has now amended the application to include an appropriate disclaimer of that term.
Inasmuch as there are no outstanding issues, Applicant submits that the application is now in a condition for publication. Early notification is respectfully requested. Please address any additional questions about this matter to the undersigned attorney of record.