| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 78418878 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
In response to the Office Action sent via email on December 15, 2004, Applicant acknowledges the section of the Office Action concerning assertion of distinctiveness under Section 2(f) of the Act. PolyOne Corporation hereby submits its statement that the mark has become distinctive of the goods as evidenced by ownership of U.S. Trademark Reg. No. 2214632 on the Principal Register for the same mark for related goods or services. For completeness, Applicant advises the Office that this application was made to continue registered trademark protection for the mark protected by Reg. No. 2214632 after it was noted by Applicant that a change in the manner labels for the goods were prepared did not permit the depiction of the graphical elements of the mark as registered. Consequently, the Affidavit of Use for Reg. No. 2214632 will not be submitted before the deadline of December 29, 2004. Applicant requests a Notice of Allowance. |
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| GOODS AND/OR SERVICES SECTION (no change) | |
| SIGNATURE SECTION | |
| SIGNATURE | /john h. hornickel/ |
| SIGNATORY NAME | John H. Hornickel |
| SIGNATORY POSITION | Assistant Secretary |
| SIGNATORY DATE | 12/16/2004 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu Dec 16 15:44:23 EST 2004 |
| TEAS STAMP | USPTO/OA-XXXXXXXXXXX-2004 1216154423210142-78418878 -200a68cb984e394c61b8570b 6ddf9fb261a-N-N-200412161 54257961814 |
| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 78418878 is amended as follows: | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
|
In response to the Office Action sent via email on December 15, 2004, Applicant acknowledges the section of the Office Action concerning assertion of distinctiveness under Section 2(f) of the Act. PolyOne Corporation hereby submits its statement that the mark has become distinctive of the goods as evidenced by ownership of U.S. Trademark Reg. No. 2214632 on the Principal Register for the same mark for related goods or services. For completeness, Applicant advises the Office that this application was made to continue registered trademark protection for the mark protected by Reg. No. 2214632 after it was noted by Applicant that a change in the manner labels for the goods were prepared did not permit the depiction of the graphical elements of the mark as registered. Consequently, the Affidavit of Use for Reg. No. 2214632 will not be submitted before the deadline of December 29, 2004. Applicant requests a Notice of Allowance. |
|
| Response Signature | |
| Signature: /john h. hornickel/ Date: 12/16/2004 | |
| Signatory's Name: John H. Hornickel | |
| Signatory's Position: Assistant Secretary | |
| Serial Number: 78418878 | |
| Internet Transmission Date: Thu Dec 16 15:44:23 EST 2004 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXXXX-2004121615442321014 2-78418878-200a68cb984e394c61b8570b6ddf9 fb261a-N-N-20041216154257961814 |