| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 78395164 |
| MARK SECTION (current) | |
| STANDARD CHARACTERS | NO |
| USPTO-GENERATED IMAGE | NO |
| LITERAL ELEMENT | POSH POCKET |
| COLOR MARK | NO |
| DESCRIPTION OF THE MARK | The mark consists of Stylized words posh and pocket, and including underlinings for these two words. |
| MARK SECTION (proposed) | |
| MARK FILE NAME | \\ticrs\EXPORT11\IMAGEOUT 11\783\951\78395164\xml3\ ROA0002.JPG |
| STANDARD CHARACTERS | NO |
| USPTO-GENERATED IMAGE | NO |
| LITERAL ELEMENT | POCKET POSH |
| COLOR MARK | NO |
| DESCRIPTION OF THE MARK | The mark consists of The mark consists of stylized words Posh and Pocket and including underlining. The lining shown in the drawing is a feature of the mark. The mark is read POCKET POSH from top to bottom and left to right on the design.. |
| PIXEL COUNT ACCEPTABLE | YES |
| PIXEL COUNT | 944 x 680 |
| OWNER SECTION (current) | |
| NAME | Obolo, Christophe |
| STREET | Unit 4 138 Woodside Green |
| CITY | Stamford |
| STATE | CT |
| ZIP/POSTAL CODE | 06905 |
| COUNTRY | US |
| PHONE | (203) 559-8907 |
| OWNER SECTION (proposed) | |
| NAME | Obolo, Christophe |
| STREET | Unit 4 138 Woodside Green |
| CITY | Stamford |
| STATE | Connecticut |
| ZIP/POSTAL CODE | 06905 |
| COUNTRY | United States |
| PHONE | (203) 559-8907 |
| FAX | (203) 978-1109 |
| XXXX | |
| LEGAL ENTITY SECTION (current) | |
| TYPE | SOLE PROPRIETORSHIP |
| STATE/COUNTRY UNDER WHICH ORGANIZED | CT |
| LEGAL ENTITY SECTION (proposed) | |
| TYPE | SOLE PROPRIETORSHIP |
| ARGUMENT(S) | |
|
THIS ARGUMENT REPLACES PREVIOUSLY SUBMITTED ARGUMENT HEREIN
Christophe Obolo
138 Woodside green Unit 4 Stamford, CT 06905 USA Phone (203) 978-1109 Cell: (203) 559-8907 Email: dabordproducts@aol.com Date: 11/02/2004 Email Dabrodproducts@aol.com
Filing date: 4/11/2004 Serial number: 78/395164 Applicant: Christophe Obolo
Office action date: 10/27/2004 Examining attorney: Kim Saito Law Office 102
Trademark application No. 78395164-Posh Pocket
Response to first office action
A. Similarity of the marks:
The registrant's mark is P O S H P O U C H E S (one word, meaning no space between posh and pouches and as written and claimed in application No. 75753362). The claimed mark in your office action is Posh Pouches (two words). This constitutes a material alteration of the registrant's mark. The registrant's mark is commercially misleading, deceptive, and misdescriptive, and its implication and connotations to claim Posh Pouches as same mark as POSHPOUCHES constitute a material alteration that should have been allowed only in the registrant's initial trademark application and by attorney, therein. In addition, alliteratives are made of two words as in Posh Pocket and Posh Pouches NOT as claimed in your office action as in Posh Pockets and P O U S H P O U C H E S. The registrant's use of regularly spaced letter is misleading and unconstitutional as he/she claims two differents marks in one single mark. Our commercial impression is POCKET POSH as outlined in our Drawing. The word pocket appears and is clearly written on the first line and the word Posh appears on the second line of the mark drawing . Therefore, the commercial impression of the two marks discussed herein are totally different. Mainly, POCKET POSH TM versus POSH POUCHES TM. We want to emphasize that we make bags or cases with multiple pockets as implied in our mark drawing.
B. Similarity of goods
We only work with leather to make our products. Leather is not a fabric but a naturally occurring material. We would like to delete any claims to working with regular fabrics. We only make leather cases or bags.
C. Prior pending application:
Application No. 76508188 has been formally rejected for registration
D. Identification of goods
Class 9: Neck pouches or bags made of leather, textiles or combination thereof that may have multiple compartments for cell phones, personal digital assistants, portable MP3 players, personal stereos.
E. Amendment to restrict and delete some identification of goods:
Class 9: Cases or bags made of leather that may have multiple compartments or accessories for cell phones, personal digital assistants, pagers, portable MP3 players, personal stereos.
F. Amendment to modify mark :
Applicant claims a transcription and juxtaposition error in the mark that resulted in writing the literal element of the mark as Posh Pocket instead of Pocket Posh TM. Applicant would like to modify the Posh Pocket mark, due to the confusion created in the registrant's mark and transcription error, as explained above, and between Poshpouches ( one-word mark) and Posh Pockets (two-word mark). Therefore, applicant would like to amend that mark Posh Pocket be modifed to Pocket Posh. Alternatively, I would like to modify the mark Posh Pocket to Poshsh Pocket if the first-proposed modification is not acceptable. However, the applicant would like to keep the same design as changes are not necessary.
G. Disclaimer:
No claim is made to the exclusive right to use POCKET apart from the mark as shown
F. Drawing:
Christophe Obolo the applicant herein states that the lining shown in the drawing is an integral feature of the mark Respectfully submitted,
Christophe Obolo
THIS ARGUMENT REPLACES PREVIOUSLY SUBMITTED ARGUMENT HEREIN
|
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME | \\ticrs\EXPORT11\IMAGEOUT 11\783\951\78395164\xml3\ ROA0003.JPG |
| DESCRIPTION OF EVIDENCE FILE | Our items are small cases or bags that are made only from leather. The commercial impression on our bags or cases is that of Pocket Posh instead of Posh Pocket. Applicant would like to alter Posh Pocket mark to Poshsh Pocket mark and keep the same mark drawing as it displays Pocket Posh as my mark's commercial impression |
| EVIDENCE FILE NAME | \\ticrs\EXPORT11\IMAGEOUT 11\783\951\78395164\xml3\ ROA0004.JPG |
| DESCRIPTION OF EVIDENCE FILE | The mark should be read Pocket posh (as shown in the design), which is not alliterative with Posh Pouches. The word pocket is written on the first line and the word posh written on the second line (from top to bottom, vertically, and from left to right). The mark is read as "Pocket Posh" not "Posh Pocket. The TM sign has been removed. Applicant claims error from transcription and juxtaposition of mark design and literal elements. Therefore, our claim mark is "Pocket Posh" |
| SIGNATURE SECTION | |
| SIGNATURE | /Obolotech/ |
| SIGNATORY NAME | Christophe Obolo |
| SIGNATORY POSITION | Artist Designer inventor |
| SIGNATORY DATE | 11/02/2004 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue Nov 02 17:29:10 EST 2004 |
| TEAS STAMP | USPTO/OA-XXXXXXXXX-200411 02172910095179-78395164-2 006c83fd6ed94d173dd88717c 60bcbe38-N-N-200411021723 05137052 |
| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 78395164 is amended as follows: | |
| Mark | |
| Applicant proposes to amend the mark as follows: | |
| Original: POSH POCKET (Stylized and/or with Design) | |
| The mark consists of Stylized words posh and pocket, and including underlinings for these two words. | |
| Proposed: POCKET POSH (Stylized and/or with Design, see mark) | |
| The mark consists of The mark consists of stylized words Posh and Pocket and including underlining. The lining shown in the drawing is a feature of the mark. The mark is read POCKET POSH from top to bottom and left to right on the design.. | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
|
THIS ARGUMENT REPLACES PREVIOUSLY SUBMITTED ARGUMENT HEREIN
Christophe Obolo
138 Woodside green Unit 4 Stamford, CT 06905 USA Phone (203) 978-1109 Cell: (203) 559-8907 Email: dabordproducts@aol.com Date: 11/02/2004 Email Dabrodproducts@aol.com
Filing date: 4/11/2004 Serial number: 78/395164 Applicant: Christophe Obolo
Office action date: 10/27/2004 Examining attorney: Kim Saito Law Office 102
Trademark application No. 78395164-Posh Pocket
Response to first office action
A. Similarity of the marks:
The registrant's mark is P O S H P O U C H E S (one word, meaning no space between posh and pouches and as written and claimed in application No. 75753362). The claimed mark in your office action is Posh Pouches (two words). This constitutes a material alteration of the registrant's mark. The registrant's mark is commercially misleading, deceptive, and misdescriptive, and its implication and connotations to claim Posh Pouches as same mark as POSHPOUCHES constitute a material alteration that should have been allowed only in the registrant's initial trademark application and by attorney, therein. In addition, alliteratives are made of two words as in Posh Pocket and Posh Pouches NOT as claimed in your office action as in Posh Pockets and P O U S H P O U C H E S. The registrant's use of regularly spaced letter is misleading and unconstitutional as he/she claims two differents marks in one single mark. Our commercial impression is POCKET POSH as outlined in our Drawing. The word pocket appears and is clearly written on the first line and the word Posh appears on the second line of the mark drawing . Therefore, the commercial impression of the two marks discussed herein are totally different. Mainly, POCKET POSH TM versus POSH POUCHES TM. We want to emphasize that we make bags or cases with multiple pockets as implied in our mark drawing.
B. Similarity of goods
We only work with leather to make our products. Leather is not a fabric but a naturally occurring material. We would like to delete any claims to working with regular fabrics. We only make leather cases or bags.
C. Prior pending application:
Application No. 76508188 has been formally rejected for registration
D. Identification of goods
Class 9: Neck pouches or bags made of leather, textiles or combination thereof that may have multiple compartments for cell phones, personal digital assistants, portable MP3 players, personal stereos.
E. Amendment to restrict and delete some identification of goods:
Class 9: Cases or bags made of leather that may have multiple compartments or accessories for cell phones, personal digital assistants, pagers, portable MP3 players, personal stereos.
F. Amendment to modify mark :
Applicant claims a transcription and juxtaposition error in the mark that resulted in writing the literal element of the mark as Posh Pocket instead of Pocket Posh TM. Applicant would like to modify the Posh Pocket mark, due to the confusion created in the registrant's mark and transcription error, as explained above, and between Poshpouches ( one-word mark) and Posh Pockets (two-word mark). Therefore, applicant would like to amend that mark Posh Pocket be modifed to Pocket Posh. Alternatively, I would like to modify the mark Posh Pocket to Poshsh Pocket if the first-proposed modification is not acceptable. However, the applicant would like to keep the same design as changes are not necessary.
G. Disclaimer:
No claim is made to the exclusive right to use POCKET apart from the mark as shown
F. Drawing:
Christophe Obolo the applicant herein states that the lining shown in the drawing is an integral feature of the mark Respectfully submitted,
Christophe Obolo
THIS ARGUMENT REPLACES PREVIOUSLY SUBMITTED ARGUMENT HEREIN
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|
| Evidence | |
| Evidence in the nature of Our items are small cases or bags that are made only from leather. The commercial impression on our bags or cases is that of Pocket Posh instead of Posh Pocket. Applicant would like to alter Posh Pocket mark to Poshsh Pocket mark and keep the same mark drawing as it displays Pocket Posh as my mark's commercial impression has been attached. | |
| Evidence-1 | |
| Evidence in the nature of The mark should be read Pocket posh (as shown in the design), which is not alliterative with Posh Pouches. The word pocket is written on the first line and the word posh written on the second line (from top to bottom, vertically, and from left to right). The mark is read as "Pocket Posh" not "Posh Pocket. The TM sign has been removed. Applicant claims error from transcription and juxtaposition of mark design and literal elements. Therefore, our claim mark is "Pocket Posh" has been attached. | |
| Evidence-2 | |
| Procedural Matters/Informalities | |
| Applicant proposes to amend the following: | |
| Original: Obolo, Christophe, a sole proprietorship, having an address of Unit 4 138 Woodside Green Stamford, CT US 06905, whose phone number is (203) 559-8907. | |
| Proposed: Obolo, Christophe, a sole proprietorship, having an address of Unit 4 138 Woodside Green Stamford, Connecticut United States 06905, whose e-mail address is XXXX, whose phone number is (203) 559-8907 and whose fax number is (203) 978-1109. | |
| Response Signature | |
| Signature: /Obolotech/ Date: 11/02/2004 | |
| Signatory's Name: Christophe Obolo | |
| Signatory's Position: Artist Designer inventor | |
| Serial Number: 78395164 | |
| Internet Transmission Date: Tue Nov 02 17:29:10 EST 2004 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXX-20041102172910095179- 78395164-2006c83fd6ed94d173dd88717c60bcb e38-N-N-20041102172305137052 |
