| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 78213456 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
| Applicant submits the following remarks in response to the Office Action issued on August 8, 2003. In accordance with the Examining Attorney's suggestions, Applicant requests amendment of the application as follows: Please classify the goods "towel bars, robe hooks, tissue holders, tumbler holders, lotion dispensers, soap dishes, all made of metal" in International Class 21 instead of International Class 6. None of these goods are made from precious metal. Applicant does not agree with the Examining Attorney's suggestion to classify "robe hooks" separately in International Class 6. Please amend the description of goods in International Class 11 to read as follows: "Plumbing fittings, namely, fittings for bathtubs, bidets and showers; faucets; tub fillers; shower head sprayers; handheld showers; valves, namely, mixing wall and diverter valves". This amendment overcomes the Examining Attorney's rejection of the mark on the basis of likelihood of confusion with US Registration Nos. 798,172, 745,955 and 436,059. Applicant therefore requests withdrawal of this rejection in view of the Examining Attorney's indication to do so in the Office Action. Applicant respectfully submits that the term "fittings" is well known in the bath and kitchen industry to designate items such as shower valves, bidet flush valves, bath spouts and other water delivery devices made from metal (and parts therefor). Applicant has therefor amended the description of goods in class 11 to make it clear that Applicant's mark will be used to designate different types of sanitary fittings. Applicant also respectfully submits that the term "tub fillers" is a definite term that is very well known in the bath and kitchen industry to designate trim for bathtubs. Applicant and numerous other sanitaryware manufacturers currently use this term in commercial channels for the sale of fluid delivery devices that accompany bathtubs and trim therefor. Applicant therefore disagrees with the Examining Attorney's conclusion that such term is indefinite. Applicant believes that the mark is in condition for publication and that all rejections and objections have been overcome. Applicant invites the Examining Attorney to contact Applicant's undersigned representative should the Examining Attorney require any further information or assistance. | |
| SIGNATURE SECTION | |
| SIGNATURE | /kellymerkel/ |
| SIGNATORY NAME | Kelly A. Merkel |
| SIGNATORY POSITION | Attorney for Applicant |
| SIGNATORY DATE | 01/22/2004 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu Jan 22 16:43:23 EST 2004 |
| TEAS STAMP | USPTO/OA-XXXXXXXXXX-20040 122164323728098-78213456- 200f8d5c0d3ea7ade66bb12bd ceff365b77-N-N-2004012216 3454716521 |
| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 78213456 is amended as follows: | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
| Applicant submits the following remarks in response to the Office Action issued on August 8, 2003. In accordance with the Examining Attorney's suggestions, Applicant requests amendment of the application as follows: Please classify the goods "towel bars, robe hooks, tissue holders, tumbler holders, lotion dispensers, soap dishes, all made of metal" in International Class 21 instead of International Class 6. None of these goods are made from precious metal. Applicant does not agree with the Examining Attorney's suggestion to classify "robe hooks" separately in International Class 6. Please amend the description of goods in International Class 11 to read as follows: "Plumbing fittings, namely, fittings for bathtubs, bidets and showers; faucets; tub fillers; shower head sprayers; handheld showers; valves, namely, mixing wall and diverter valves". This amendment overcomes the Examining Attorney's rejection of the mark on the basis of likelihood of confusion with US Registration Nos. 798,172, 745,955 and 436,059. Applicant therefore requests withdrawal of this rejection in view of the Examining Attorney's indication to do so in the Office Action. Applicant respectfully submits that the term "fittings" is well known in the bath and kitchen industry to designate items such as shower valves, bidet flush valves, bath spouts and other water delivery devices made from metal (and parts therefor). Applicant has therefor amended the description of goods in class 11 to make it clear that Applicant's mark will be used to designate different types of sanitary fittings. Applicant also respectfully submits that the term "tub fillers" is a definite term that is very well known in the bath and kitchen industry to designate trim for bathtubs. Applicant and numerous other sanitaryware manufacturers currently use this term in commercial channels for the sale of fluid delivery devices that accompany bathtubs and trim therefor. Applicant therefore disagrees with the Examining Attorney's conclusion that such term is indefinite. Applicant believes that the mark is in condition for publication and that all rejections and objections have been overcome. Applicant invites the Examining Attorney to contact Applicant's undersigned representative should the Examining Attorney require any further information or assistance. | |
| Response Signature | |
| Signature: /kellymerkel/ Date: 01/22/2004 | |
| Signatory's Name: Kelly A. Merkel | |
| Signatory's Position: Attorney for Applicant | |
| Serial Number: 78213456 | |
| Internet Transmission Date: Thu Jan 22 16:43:23 EST 2004 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXXX-20040122164323728098 -78213456-200f8d5c0d3ea7ade66bb12bdceff3 65b77-N-N-20040122163454716521 |