| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 77113819 |
| LAW OFFICE ASSIGNED | LAW OFFICE 101 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
Applicant submits the following additional evidence and arguments to support a registration of the subject mark under Section 2(f). Applicant continues to believe applicant’s mark is inherently distinctive, but seeks to amend its application for registration under Section 2(f) as an alternative.
The examiner has objected to applicant’s use as a trademark on the basis that the public may not purchase Applicant’s crayons by referring to the color name sought to be registered. The examiner argues this as the basis for distinguishing applicant’s application from the numerous registrations cited in Applicant’s response to the initial office action wherein other registrations obtained non-2(f) registrations for marks that clearly served as a name of the shade or color variation of a product. Applicant’s goods may in fact be purchased by the public individually by the color name that is the subject of the present application. Applicant directs the examiner to the internet store operated for applicant, www.CrayolaStore.com, and in particular, the page www.CrayolaStore.com/configurator.asp. This page is an offer for sale of individual crayon colors by a 64-count box. A customer selects each of up to four colors by color name. The subject mark is included in the selection of crayon names available for purchase. This evidence shows that consumers can, and are in fact encouraged, to order applicant’s product bearing the mark by referring to the mark. The mechanism of the web-ordering system further supports applicant’s position that the mark is used not simply as a color descriptor, but as a unique branding of applicant’s product. The web store uses only rough color approximations to assist the consumer in ordering a color, demonstrating that it is the name of the color that is at least as, if not more, important than the exact shade it represents.
Applicant also submits to the examiner survey evidence, attached as Exhibit 1, demonstrating that consumers have come to associate the subject mark specifically with Crayola. In a survey of 279 internet consumers, conducted from October 3 through October 8, 2007, 71% of consumers indicated that they associated with term COTTON CANDY with Crayola.
Applicant believes that the evidence provided demonstrates that applicant’s mark has acquired distinctiveness with consumers and is regarded by them as a designator of a Crayola source of the goods and not simply a product identifier or descriptor.
|
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME(S) | |
| ORIGINAL PDF FILE | evi_1629428110-110843953_._exhibit1.pdf |
| CONVERTED PDF FILE(S) (5 pages) |
\\TICRS2\EXPORT14\771\138\77113819\xml5\ROA0002.JPG |
| \\TICRS2\EXPORT14\771\138\77113819\xml5\ROA0003.JPG | |
| \\TICRS2\EXPORT14\771\138\77113819\xml5\ROA0004.JPG | |
| \\TICRS2\EXPORT14\771\138\77113819\xml5\ROA0005.JPG | |
| \\TICRS2\EXPORT14\771\138\77113819\xml5\ROA0006.JPG | |
| DESCRIPTION OF EVIDENCE FILE | Declaration of Applicant and accompanying survey results |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Albert P. Mauro, Jr./ |
| SIGNATORY'S NAME | Albert P. Mauro, Jr. |
| SIGNATORY'S POSITION | Attorney of Record |
| DATE SIGNED | 10/12/2007 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Fri Oct 12 11:10:53 EDT 2007 |
| TEAS STAMP | USPTO/ROA-XXX.XX.XX.XXX-2 0071012111053515775-77113 819-4005f5b642fa880745ed1 fa51655df1aa8-N/A-N/A-200 71012110843953317 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
Applicant submits the following additional evidence and arguments to support a registration of the subject mark under Section 2(f). Applicant continues to believe applicant’s mark is inherently distinctive, but seeks to amend its application for registration under Section 2(f) as an alternative.
The examiner has objected to applicant’s use as a trademark on the basis that the public may not purchase Applicant’s crayons by referring to the color name sought to be registered. The examiner argues this as the basis for distinguishing applicant’s application from the numerous registrations cited in Applicant’s response to the initial office action wherein other registrations obtained non-2(f) registrations for marks that clearly served as a name of the shade or color variation of a product. Applicant’s goods may in fact be purchased by the public individually by the color name that is the subject of the present application. Applicant directs the examiner to the internet store operated for applicant, www.CrayolaStore.com, and in particular, the page www.CrayolaStore.com/configurator.asp. This page is an offer for sale of individual crayon colors by a 64-count box. A customer selects each of up to four colors by color name. The subject mark is included in the selection of crayon names available for purchase. This evidence shows that consumers can, and are in fact encouraged, to order applicant’s product bearing the mark by referring to the mark. The mechanism of the web-ordering system further supports applicant’s position that the mark is used not simply as a color descriptor, but as a unique branding of applicant’s product. The web store uses only rough color approximations to assist the consumer in ordering a color, demonstrating that it is the name of the color that is at least as, if not more, important than the exact shade it represents.
Applicant also submits to the examiner survey evidence, attached as Exhibit 1, demonstrating that consumers have come to associate the subject mark specifically with Crayola. In a survey of 279 internet consumers, conducted from October 3 through October 8, 2007, 71% of consumers indicated that they associated with term COTTON CANDY with Crayola.
Applicant believes that the evidence provided demonstrates that applicant’s mark has acquired distinctiveness with consumers and is regarded by them as a designator of a Crayola source of the goods and not simply a product identifier or descriptor.
