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. 77831775 has been amended as follows:

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

Applicant has amended the identification of goods. Specifically, Applicant has limited its goods to "Plastic storage containers for commercial or industrial use, namely, polypropylene containers for storing food."

 

The subject mark was refused on the ground that Applicant's mark is considered to so resemble the mark shown in Registration No. 2,832,705 as to be likely to cause confusion.  Based on the foregoing amendment to the identification of goods, Applicant believes that its goods are sufficiently different in purpose such that confusion is not likely. Specifically, the goods covered in the subject application are "Plastic storage containers for commercial or industrial use, namely, polypropylene containers for storing food." On the other hand, the goods covered in the cited registration are table linens. The nature and purpose of Applicant's and registrant's goods are vastly different. The purpose of Applicant's plastic storage container products is to store food. Registrant's goods are linen tablecloths used for covering tables. Thus, the parties' goods are specific and intended for very different purposes; storage of food versus protecting and/or decorating a table surface.  In view of the inherent differences between the goods of each party, confusion is not likely. Based on the foregoing amendment and remarks, Applicant respectfully requests that the refusal of registration be withdrawn.

 

Please note that on June 7, 2010, a Certificate of Merger document was recorded at Reel 4219, Frame 0632.  Therefore, the subject Application is currently owned by Solo Cup Operating Corporation.

 

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 016 for Paper napkins and paper table covers

Applicant hereby deletes the following class of goods/services from the application.
Class 021 for Paper plates

SIGNATURE(S)
Response Signature
Signature: /Linda A. Kuczma/     Date: 06/16/2010
Signatory's Name: Linda A. Kuczma
Signatory's Position: Attorney of record, Illinois bar member

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: 77831775
Internet Transmission Date: Wed Jun 16 12:17:41 EDT 2010
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201006161217414
66073-77831775-460bb5d6a9cd24711c5ae8d5d
8305531eb-N/A-N/A-20100615191712048628