Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 77619915 has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: ZONAL (Stylized and/or with Design)
Color is not claimed as a feature of the mark.
The mark consists of Zonal text mark with round colored filled O and white graphic target scope element in the middle.

Proposed: ZONAL (Stylized and/or with Design, see mark)

The applicant is not claiming color as a feature of the mark.



The mark consists of Zonal text is the mark. In place of the 'O' in the word is a solid image of a target scope. Color is not a claimed feature of this mark. The text and the target are joined together and set on a transparent background.

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Zonal is a surfing term.  The term Zonal has no meaning to the watch  and clock industry.  The mark does not claim color as a feature.  The mark is text of the word "Zonal" with a target image in place of the 'O'.  The mark is set on a transparent background, however the target is not transparent.  The target is solid. The text and the target are not claiming color as a feature of the mark.

EVIDENCE
Evidence in the nature of Evidence consists of the non-colored but stylized zonal mark. Note that the target in place of the 'O' is solid and not transparent. Otherwise, the text is set on a transparent background. As applied to product currently sold in commerce, you can see Zonal watch box and Zonal watch. has been attached.
Evidence-1

ADDITIONAL STATEMENTS
Stippling as a feature of the mark
The stippling is a feature of the mark.

Color is not a claimed feature of the mark. The mark is set on a transparent background except for the target which is solid.
Miscellaneous File1

Significance of wording, letter(s), or numeral(s)
Zonal 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.

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has 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); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. 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); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 244. 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: /Kenneth Genender/      Date: 02/24/2009
Signatory's Name: Kenneth Genender
Signatory's Position: CEO

Response Signature
Signature: /Kenneth Genender/     Date: 02/24/2009
Signatory's Name: Kenneth Genender
Signatory's Position: CEO

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: 77619915
Internet Transmission Date: Tue Feb 24 13:40:13 EST 2009
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2009022413401357
9265-77619915-440703f6497269d1a8fb5aa960
a42c2f91-N/A-N/A-20090224131348677941