PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/2009) |
Input Field |
Entered |
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SERIAL NUMBER | 78534544 |
LAW OFFICE ASSIGNED | LAW OFFICE 113 |
MARK SECTION (no change) | |
ARGUMENT(S) | |
In the Office Action dated June 29, 2008, the Examining Attorney states that Applicant's mark as shown on the specimen of record does not function as a mark to identify and distinguish applicant's goods and identify their source. Applicant requests reconsideration and withdrawal of the refusal. The CONKER publication shown in the specimen of record is published by Applicant's licensee for users of Applicant's well-known CONKER computer game software. Applicant's mark as used on the publication acts as an identifier of a secondary source and, thus, is registerable on the Principal Register. CONKER as used on the publication identifies Applicant's CONKER line of products and services in the minds of consumers. Applicant's mark is the subject of U.S. Trademark Registration Nos. 3071710 and 3093812. Applicant understands that its ownership of these registrations is sufficient to prove that its mark as used on publications serves as a source indicating function and is registerable. TMEP § 1202.03(c). Applicant believes its application is in condition to accept the Statement of Use and move forward to registration. If questions remain, the Examining Attorney is invited to contact Applicant's counsel, William O. Ferron, Jr., by email at BillF@SeedIP.com or by telephone at (206) 622-4900. |
|
SIGNATURE SECTION | |
RESPONSE SIGNATURE | /William O. Ferron Jr./ |
SIGNATORY'S NAME | William O. Ferron, Jr. |
SIGNATORY'S POSITION | Attorney for Applicant |
DATE SIGNED | 07/01/2008 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Tue Jul 01 17:18:38 EDT 2008 |
TEAS STAMP | USPTO/ROA-XX.XX.XXX.XXX-2 0080701171838486584-78534 544-420fb58c9b0d3af4ddb55 76c2767fb7cdc-N/A-N/A-200 80701145220403285 |
PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/2009) |
In the Office Action dated June 29, 2008, the Examining Attorney states that Applicant's mark as shown on the specimen of record does not function as a mark to identify and distinguish applicant's goods and identify their source. Applicant requests reconsideration and withdrawal of the refusal.
The CONKER publication shown in the specimen of record is published by Applicant's licensee for users of Applicant's well-known CONKER computer game software. Applicant's mark as used on the publication acts as an identifier of a secondary source and, thus, is registerable on the Principal Register. CONKER as used on the publication identifies Applicant's CONKER line of products and services in the minds of consumers. Applicant's mark is the subject of U.S. Trademark Registration Nos. 3071710 and 3093812. Applicant understands that its ownership of these registrations is sufficient to prove that its mark as used on publications serves as a source indicating function and is registerable. TMEP § 1202.03(c).
Applicant believes its application is in condition to accept the Statement of Use and move forward to registration. If questions remain, the Examining Attorney is invited to contact Applicant's counsel, William O. Ferron, Jr., by email at BillF@SeedIP.com or by telephone at (206) 622-4900.