| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 78459087 |
| MARK SECTION (current) | |
| STANDARD CHARACTERS | NO |
| USPTO-GENERATED IMAGE | NO |
| LITERAL ELEMENT | GRAINGER |
| COLOR MARK | YES |
| COLOR(S) CLAIMED | The color(s) white, red and black is/are claimed as a feature of the mark. |
| DESCRIPTION OF THE MARK | The mark consists of the word GRAINGER in white with a broken line underneath in red, all appearing on a black background. |
| MARK SECTION (proposed) | |
| MARK FILE NAME | \\TICRS\EXPORT9\IMAGEOUT9 \784\590\78459087\xml1\RO A0002.JPG |
| STANDARD CHARACTERS | NO |
| USPTO-GENERATED IMAGE | NO |
| COLOR MARK | YES |
| PIXEL COUNT ACCEPTABLE | YES |
| PIXEL COUNT | 944 x 258 |
| ARGUMENT(S) | |
|
The Examining Attorney has stated that the mark in the current Application, Serial No. 78/459087 is identical to the mark in another of Applicant's applications, Application Serial No. 78/459078.
Applicant draws attention to the drawing in Application Serial No. 78/459087. The beginning of the broken line is extended to the left and not flush (left) underneath the word GRAINGER, whereas the drawing in Application Serial No. 78/459078 is flush (left) with the word GRAINGER.
In addition, Applicant has filed approximately 60 additional applications for similarly stylized "GRAINGER" marks. In the course of the U.S. Patent and Trademark Office's reviews of those applications, it was subsequently determined by the Examining Attorney for such applications that the subtle differences (such as described above) of the mark drawings constituted material differences and therefore did require separate applications for the different marks. If this conclusion is incorrect, please advise us.
The Examining Attorney has also requested a color rendition of the mark since the Applicant is claiming color. A new drawing is submitted herewith. |
|
| GOODS AND/OR SERVICES SECTION (no change) | |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Aimee M. Nolan/ |
| SIGNATORY NAME | Aimee Merriman Nolan |
| SIGNATORY POSITION | Senior Corporate Counsel |
| SIGNATURE DATE | 08/17/2005 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Aug 17 11:25:05 EDT 2005 |
| TEAS STAMP | USPTO/OA-XXXXXXXXXXX-2005 0817112505790050-78459087 -200e312173c61d8838bf5d3f eb6aa6fc47-N-N-2005081711 2131643353 |
| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 78459087 is amended as follows: | |
| Mark | |
| Applicant proposes to amend the mark as follows: | |
| Original: GRAINGER (Stylized and/or with Design) | |
| The color(s) white, red and black is/are claimed as a feature of the mark. | |
| The mark consists of the word GRAINGER in white with a broken line underneath in red, all appearing on a black background. | |
| Proposed: (Stylized and/or with Design, see mark) |
|
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
|
The Examining Attorney has stated that the mark in the current Application, Serial No. 78/459087 is identical to the mark in another of Applicant's applications, Application Serial No. 78/459078.
Applicant draws attention to the drawing in Application Serial No. 78/459087. The beginning of the broken line is extended to the left and not flush (left) underneath the word GRAINGER, whereas the drawing in Application Serial No. 78/459078 is flush (left) with the word GRAINGER.
In addition, Applicant has filed approximately 60 additional applications for similarly stylized "GRAINGER" marks. In the course of the U.S. Patent and Trademark Office's reviews of those applications, it was subsequently determined by the Examining Attorney for such applications that the subtle differences (such as described above) of the mark drawings constituted material differences and therefore did require separate applications for the different marks. If this conclusion is incorrect, please advise us.
The Examining Attorney has also requested a color rendition of the mark since the Applicant is claiming color. A new drawing is submitted herewith. |
|
| Response Signature | |
| Signature: /Aimee M. Nolan/ Date: 08/17/2005 | |
| Signatory's Name: Aimee Merriman Nolan | |
| Signatory's Position: Senior Corporate Counsel | |
| Serial Number: 78459087 | |
| Internet Transmission Date: Wed Aug 17 11:25:05 EDT 2005 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXXXX-2005081711250579005 0-78459087-200e312173c61d8838bf5d3feb6aa 6fc47-N-N-20050817112131643353 |
