| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/30/2011) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 77926629 |
| LAW OFFICE ASSIGNED | LAW OFFICE 113 |
| MARK SECTION (current) | |
| STANDARD CHARACTERS | NO |
| USPTO-GENERATED IMAGE | NO |
| LITERAL ELEMENT | DR. SCHOLL'S RIGHT BOTTOM |
| COLOR(S) CLAIMED (If applicable) |
The color(s) blue and purple is/are claimed as a feature of the mark. |
| DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of a blue and purple insole. The entire bottom of the insole is blue, and overlapped with a 1/2 purple insole starting at insole's arch to heel of insole. Top of insole is composed of five descending arch lines with the number 12 in the middle of the first arch line, number 10 in the middle of the third arch line, and number 8 in the middle of the fifth arch line; and underneath a vertical oval design comprised of repetitive wavy u-shaped lines. Underneath and to the left of the vertical oval design a horizontal blue oval containing the name "Dr. Scholl's" in stylized lettering, and underneath the words "RIGHT" and "BOTTOM". The middle to lower portion of the blue insole is overlapped with a 1/2 purple curved-geometric shape insole. The top and middle portion of the 1/2 purple insole on the right-side is comprised of a vertical pattern of five rectangle-shapes of varying sizes. Under this and in the middle of the 1/2 purple insole, is a vertical blue oval design comprised of a series of horizontal wavy u-shaped lines. |
| MARK SECTION (proposed) | |
| MARK FILE NAME | \\TICRS\EXPORT11\IMAGEOUT 11\779\266\77926629\xml2\ ROA0002.JPG |
| STANDARD CHARACTERS | NO |
| USPTO-GENERATED IMAGE | NO |
| LITERAL ELEMENT | DR. SCHOLL'S |
| COLOR MARK | YES |
| COLOR(S) CLAIMED (If applicable) |
The color(s) blue and purple is/are claimed as a feature of the mark. |
| DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of the wording Dr. Scholl's in blue within a blue oval, the color blue as applied to the bottom, foot-shaped portion of the insole, the color purple as applied to the top portion of the insole with a hollow oval cut-out showing the blue, bottom portion of the insole and ridges or grooves comprising a portion of the purple portion of the insole. The matter shown in broken lines is not part of the mark and serves only to show the position of placement of the mark. |
| PIXEL COUNT ACCEPTABLE | YES |
| PIXEL COUNT | 311 x 942 |
| ARGUMENT(S) | |
|
In the Office Action emailed on February 25, 2010, the Examining Attorney refused registration of the subject mark on the basis of functionality and non-distinctiveness. Applicant respectfully submits a revised drawing for the mark for the features for which it seeks registration. The non-functional features for which protection is claimed are the colors blue and purpose applied to portions of the insole as noted in the mark description, the wording DR. SCHOLL'S in an oval and the ridges or grooves comprising a portion of the raised purpose area of the insole. Although the raised purple portion of the insole provides support for the user, the ridges or grooves comprising a portion of the insole do not perform a function but are simply a design aspect of the product configuration. As the revised drawing limits the mark to only non-functional features of the insole design, Applicant requests that the Examining Attorney withdraw the functionality and non-distinctiveness objections and allow the application to move to publication at the earliest possible date. |
|
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /S. Roxanne Edwards/ |
| SIGNATORY'S NAME | S. Roxanne Edwards |
| SIGNATORY'S POSITION | Attorney |
| DATE SIGNED | 08/25/2010 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Aug 25 12:40:34 EDT 2010 |
| TEAS STAMP | USPTO/ROA-XX.XX.XX.X-2010 0825124034102233-77926629 -47031244a5f314e47f45ba91 b2412e8df5c-N/A-N/A-20100 825121224346787 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/30/2011) |
In the Office Action emailed on February 25, 2010, the Examining Attorney refused registration of the subject mark on the basis of functionality and non-distinctiveness. Applicant respectfully submits a revised drawing for the mark for the features for which it seeks registration. The non-functional features for which protection is claimed are the colors blue and purpose applied to portions of the insole as noted in the mark description, the wording DR. SCHOLL'S in an oval and the ridges or grooves comprising a portion of the raised purpose area of the insole. Although the raised purple portion of the insole provides support for the user, the ridges or grooves comprising a portion of the insole do not perform a function but are simply a design aspect of the product configuration.
As the revised drawing limits the mark to only non-functional features of the insole design, Applicant requests that the Examining Attorney withdraw the functionality and non-distinctiveness objections and allow the application to move to publication at the earliest possible date.
