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. 77781038 has been amended as follows:

ADDITIONAL STATEMENTS
In the Office Action mailed October 14, 2009 the Trademark Attorney has requested that Applicant insert a disclaimer of "bicycle" in the application. Applicant respectfully requests that the Trademark Attorney reconsider and withdraw the request for disclaimer of the word "bicycle". As a preliminary matter, Applicant notes that its mark claimed by this application is a well-known design mark that serves as an identification of Applicant's playing cards. Customers have come to recognize and look for the mark as an indication that the goods upon which the mark appears originate from the source of BICYCLE playing cards. The design mark claimed by this application is distinctive and original. Applicant submits that the word "bicycle" is used in a fanciful way in association with the general clothing claimed by this application. The word "bicycle" is not descriptive of any function, feature, purpose or characteristic of the clothing claimed by this application. The goods claimed by this application are for general wear and are not specifically appropriate to the sport of bicycling. Although general wear clothing could be worn while cycling, specialized bicycle clothing is not specifically claimed by this application. The registrations identified by the Trademark Attorney claim clothing specifically intended to the sport of bicycling. For example, Registration No. 2,491,844 for the mark FELT BICYCLES claims bicycle clothing. Registration No. 2,724734 claims the picture of a bicycle for bicycle shorts. Registration No. 3,009,287 for the mark 365 BICYCLE GEAR claims bicycle apparel. Supporting Applicant's proposition that the disclaimer of the word "bicycle" is not required in Class 25 is the cited Registration No. 3,247,531 for the mark WORLD BICYCLE RELIEF which claims bicycles in class 12 and general clothing in Class 25. In this registration a disclaimer of "bicycle" was entered only as to Class 12 and not as to Class 25. An application may claim general clothing and a composite mark that includes words that may describe many possible activities in which the user could engage while wearing such general clothing. The Trademark Office has not historically required disclaimer of all words that describe possible activities in which the user of the clothing claimed may engage because those words do not immediately impart information about any function, feature, characteristic, or purpose of general wear clothing. In support of this proposition Applicant notes the following registration all claim composite marks that include the word "soccer" and claim general clothing goods in Class 25 and do not include any disclaimer of the word "soccer". Registration No. 3,535,370 for FOX SOCCER CHANNEL Registration No. 3,382,036 for THE WILD SOCCER BUNCH Registration No. 2,940,852 for PEACE THRU SOCCER For the foregoing reasons, Applicant respectfully requests that the requirement for a disclaimer of the word "bicycle" be withdrawn.

Description of mark
The mark consists of the word bicycle in a stylized font inside a background shape with a rectangular top and a curved bottom.

SIGNATURE(S)
Response Signature
Signature: /Cindy L. Caditz/     Date: 04/14/2010
Signatory's Name: Cindy L. Caditz
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.

        
Serial Number: 77781038
Internet Transmission Date: Wed Apr 14 15:14:28 EDT 2010
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20100414151428
993586-77781038-460478669447e89d345132e7
32a8b4b36b3-N/A-N/A-20100414150741361739