PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/30/2011) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
77619915 |
LAW OFFICE ASSIGNED |
LAW OFFICE 117 |
MARK SECTION (current) |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
LITERAL ELEMENT |
ZONAL |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of Zonal text mark with round colored filled O and white graphic target scope element in the middle. |
MARK SECTION (proposed) |
MARK FILE NAME |
\\TICRS\EXPORT6\IMAGEOUT6 \776\199\77619915\xml5\RO A0002.JPG |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
LITERAL ELEMENT |
ZONAL |
COLOR MARK |
NO |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
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. |
PIXEL COUNT ACCEPTABLE |
YES |
PIXEL COUNT |
300 x 350 |
ARGUMENT(S) |
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 SECTION |
EVIDENCE
FILE NAME(S) |
\\TICRS\EXPORT6\IMAGEOUT6 \776\199\77619915\xml5\RO A0003.JPG |
DESCRIPTION OF EVIDENCE FILE |
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. |
ADDITIONAL STATEMENTS SECTION |
STIPPLING AS A FEATURE OF THE MARK |
The stippling is a feature of the mark. |
MISCELLANEOUS STATEMENT |
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
FILE NAME(S) |
\\TICRS\EXPORT6\IMAGEOUT6 \776\199\77619915\xml5\RO A0004.JPG |
SIGNIFICANCE OF MARK |
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 SECTION |
DECLARATION SIGNATURE |
/Kenneth Genender/ |
SIGNATORY'S NAME |
Kenneth Genender |
SIGNATORY'S POSITION |
CEO |
DATE SIGNED |
02/24/2009 |
RESPONSE SIGNATURE |
/Kenneth Genender/ |
SIGNATORY'S NAME |
Kenneth Genender |
SIGNATORY'S POSITION |
CEO |
DATE SIGNED |
02/24/2009 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Feb 24 13:40:13 EST 2009 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XX-2
0090224134013579265-77619
915-440703f6497269d1a8fb5
aa960a42c2f91-N/A-N/A-200
90224131348677941 |
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