| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/30/2011) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 77949128 |
| LAW OFFICE ASSIGNED | LAW OFFICE 110 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
Applicant requests reconsideration of the refusal to register the above mark for reasons put forward in the Office Action of April 11, 2011. In particular, Applicant had submitted on March 11, 2011, an invoice for the goods relating to the mark to show use of the mark, but the invoices were not accepted because they were not labels affixed to goods. They were considered as merely advertising material for the related goods. Applicant however submits that, in accordance with Section 904.03(k) of the Trademark Manual of Examining Procedure, the USPTO may accept other documents related to the goods or the sale of the goods when it is impracticable to place the mark on the goods, packaging, or displays associated with the goods. See also, 15 U.S.C. §1127 (definition of “use in commerce”); 37 C.F.R. §2.56(b)(1). For example, it is impracticable to place the mark on the goods or packaging for the goods if the goods are sold in bulk such as chemicals that are transported only in tanker cars. In such instances, an acceptable specimen may be an invoice that shows the mark for the goods. Applicant submits that the goods related to the above mark falls into type of goods where it is not practical to affix labels to the goods. Indeed, the invoice submitted on March 22, 2011 shows the goods were delivered by truck. Applicant has also enclosed a brochure illustrating that goods such as those related to the above mark are typically delivered by tanker truck or rail car. Applicant therefore requests withdrawal of the current rejection and notice to the effect and that the mark may proceed to registration. |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME(S) | |
| ORIGINAL PDF FILE | evi_121591694-144808697_._Specimen_-_Product_handling.pdf |
| CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT11\IMAGEOUT11\779\491\77949128\xml7\ROA0002.JPG |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /charles a. cross/ |
| SIGNATORY'S NAME | Charles A. Cross |
| SIGNATORY'S POSITION | Patent Attorney |
| DATE SIGNED | 10/11/2011 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue Oct 11 17:39:00 EDT 2011 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XXX.X-20 111011173900605973-779491 28-4805b546c131c236735fb3 373d1e4ec34-N/A-N/A-20111 011144808697983 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/30/2011) |
Applicant requests reconsideration of the refusal to register the above mark for reasons put forward in the Office Action of April 11, 2011. In particular, Applicant had submitted on March 11, 2011, an invoice for the goods relating to the mark to show use of the mark, but the invoices were not accepted because they were not labels affixed to goods. They were considered as merely advertising material for the related goods.
Applicant however submits that, in accordance with Section 904.03(k) of the Trademark Manual of Examining Procedure, the USPTO may accept other documents related to the goods or the sale of the goods when it is impracticable to place the mark on the goods, packaging, or displays associated with the goods. See also, 15 U.S.C. §1127 (definition of “use in commerce”); 37 C.F.R. §2.56(b)(1). For example, it is impracticable to place the mark on the goods or packaging for the goods if the goods are sold in bulk such as chemicals that are transported only in tanker cars. In such instances, an acceptable specimen may be an invoice that shows the mark for the goods.
Applicant submits that the goods related to the above mark falls into type of goods where it is not practical to affix labels to the goods. Indeed, the invoice submitted on March 22, 2011 shows the goods were delivered by truck. Applicant has also enclosed a brochure illustrating that goods such as those related to the above mark are typically delivered by tanker truck or rail car. Applicant therefore requests withdrawal of the current rejection and notice to the effect and that the mark may proceed to registration.