| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
77114320 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 115 |
| MARK SECTION (no change) |
| ADDITIONAL STATEMENTS SECTION |
| TRANSLATION |
"The foreign wording in the mark translates into English as SLOPE." |
| SECTION 2(f) |
"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." |
| MISCELLANEOUS STATEMENT |
RESPONSE This is responsive to the Office Action dated June 13, 2007. The Examining Attorney has refused registration of Applicants mark
based on the conclusion that the proposed mark is primarily merely a surname under Section 2(e)(4) of the Lanham Act. Applicant respectfully submits that because it has been using the mark in
commerce, since 1981, the mark OGASAKA has become distinctive of the goods. A Declaration attesting to the same is attached hereto as Exhibit A. Based on the attached Declaration, Applicant requests
that Application Serial No. 77/114,320, be amended to Section 2(f) basis. |
| SIGNIFICANCE OF MARK |
"OGASAKA appearing in the mark has no significance in the relevant trade or industry or as applied to the goods/services listed in the
application, no geographical significance, nor any meaning in a foreign language." |
| PAYMENT SECTION |
| NUMBER OF CLASSES |
1 |
| FEE PER CLASS |
50 |
| TOTAL FEES DUE |
50 |
| SIGNATURE SECTION |
| ORIGINAL PDF FILE |
HS_12411614-110950871_._S11548_Declaration_Under_Section_2f.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS2\EXPORT13\771\143\77114320\xml3\ROA0002.JPG |
| |
\\TICRS2\EXPORT13\771\143\77114320\xml3\ROA0003.JPG |
| SIGNATORY'S NAME |
Michikuni Ogasaka |
| SIGNATORY'S POSITION |
President |
| RESPONSE SIGNATURE |
/GDK/ |
| SIGNATORY'S NAME |
Gary D. Krugman |
| SIGNATORY'S POSITION |
Attorney for Applicant |
| DATE SIGNED |
07/23/2007 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Mon Jul 23 11:30:23 EDT 2007 |
| TEAS STAMP |
USPTO/ROA-XX.X.XXX.XX-200
70723113023649937-7711432
0-380a3a790ff2c7f2da56852
ef62ef95a2e0-DA-6394-2007
0723110950871367 |
| 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.
77114320 has been amended as follows:
ADDITIONAL STATEMENTS
Translation
"The foreign wording in the mark translates into English as SLOPE."
Section 2(f), based on Use
"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."
RESPONSE This is responsive to the Office Action dated June 13, 2007. The Examining Attorney has refused registration of Applicants mark based on the conclusion that the proposed mark is primarily
merely a surname under Section 2(e)(4) of the Lanham Act. Applicant respectfully submits that because it has been using the mark in commerce, since 1981, the mark OGASAKA has become distinctive of
the goods. A Declaration attesting to the same is attached hereto as Exhibit A. Based on the attached Declaration, Applicant requests that Application Serial No. 77/114,320, be amended to Section
2(f) basis.
Significance of wording, letter(s), or numeral(s)
"OGASAKA appearing in the mark has no significance in the relevant trade or industry or as applied to the goods/services listed in the application, no geographical significance, nor any meaning in a
foreign language."
FEE(S)
Fee(s) in the amount of $50 is being submitted.
SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_12411614-110950871_._S11548_Declaration_Under_Section_2f.pdf
Converted PDF file(s) (2 pages)
Signature File1
Signature File2
Signatory's Name: Michikuni Ogasaka
Signatory's Position: President
Response Signature
Signature: /GDK/ Date: 07/23/2007
Signatory's Name: Gary D. Krugman
Signatory's Position: Attorney for Applicant
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.
RAM Sale Number: 6394
RAM Accounting Date: 07/23/2007
Serial Number: 77114320
Internet Transmission Date: Mon Jul 23 11:30:23 EDT 2007
TEAS Stamp: USPTO/ROA-XX.X.XXX.XX-200707231130236499
37-77114320-380a3a790ff2c7f2da56852ef62e
f95a2e0-DA-6394-20070723110950871367
