| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
| Input Field |
Entered |
| SERIAL NUMBER | 78343974 |
| LAW OFFICE ASSIGNED | LAW OFFICE 109 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
This is in response to the Office Action issued March 7, 2006.
The Examining Attorney has found that the specimen of use provided by the Applicant does not show use of the mark MPS for any services. The Applicant respectfully disagrees and requests that the Examining Attorney reconsider her position and accept the specimen.
Although the specimen of use refers to a “document” in connection with the mark MPS, the mark is being used to identify custom writing services as outlined in the Notice of Allowance. The “document” referenced is the result or final product of the services provided to a client. The Applicant will analyze the security needs of a client and as part of the security services it offers, the Applicant provides a detailed report or summary of the client’s needs which includes an explanation and list of the specific duties to be performed by security personnel. The Applicant’s use of the MPS mark is similar to use of a mark in connection with custom manufacturing services. In such situations a customer approaches a manufacturer about providing services that involve making a particular “good.” The manufacturer then provides the service of making the good according to the customer’s needs and specifications. In this case, the specimen of record refers to a “document;” however, the document results from the customized writing services offered by the Applicant under its MPS mark and would be viewed as a feature of the security services offered by the Applicant.
The Applicant respectfully requests that the Examining Attorney accept the specimen of record and approve the application for publication at an early date.
|
|
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Anna W. Manville/ |
| SIGNATORY'S NAME | Anna W. Manville |
| SIGNATORY'S POSITION | Attorney for Applicant |
| DATE SIGNED | 09/07/2006 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu Sep 07 16:24:46 EDT 2006 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XX.XX-20 060907162446042908-783439 74-340c99aac3cd3a3a914b5e 0333b30d3b4b-N/A-N/A-2006 0907161650345482 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
This is in response to the Office Action issued March 7, 2006.
The Examining Attorney has found that the specimen of use provided by the Applicant does not show use of the mark MPS for any services. The Applicant respectfully disagrees and requests that the Examining Attorney reconsider her position and accept the specimen.
Although the specimen of use refers to a “document” in connection with the mark MPS, the mark is being used to identify custom writing services as outlined in the Notice of Allowance. The “document” referenced is the result or final product of the services provided to a client. The Applicant will analyze the security needs of a client and as part of the security services it offers, the Applicant provides a detailed report or summary of the client’s needs which includes an explanation and list of the specific duties to be performed by security personnel. The Applicant’s use of the MPS mark is similar to use of a mark in connection with custom manufacturing services. In such situations a customer approaches a manufacturer about providing services that involve making a particular “good.” The manufacturer then provides the service of making the good according to the customer’s needs and specifications. In this case, the specimen of record refers to a “document;” however, the document results from the customized writing services offered by the Applicant under its MPS mark and would be viewed as a feature of the security services offered by the Applicant.
The Applicant respectfully requests that the Examining Attorney accept the specimen of record and approve the application for publication at an early date.