PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
78812983 |
LAW OFFICE ASSIGNED |
LAW OFFICE 104 |
MARK SECTION (no change) |
ARGUMENT(S) |
In accordance with the Examiner’s Amendment entered October 11, 2007, applicant has amended the identification of goods to “radiation protective
eyewear, other than sunglasses, namely leaded eyeglasses, safety eyewear, and safety goggles for medical and healthcare professionals who utilize imaging x-rays during medical procedures,” which
clearly shows their use and intended market. With this amendment, we believe that it is clear that the applicant’s goods are so different from the registrant's goods that there would be no
likelihood of confusion among consumers, particularly in view of the fact that the applicant’s goods are niche products targeted to a very narrow and sophisticated set of consumers, namely medical
and healthcare professionals who utilize imaging x-rays during medical procedures. We note that the examining attorney has agreed with this position in the applicant’s companion application in
Serial No. 78/812985 and has approved that application for publication.
Accordingly, we request that the Section 2(d) refusal be withdrawn and this application be approved for publication.
"MICROLITE” does not have any significance in the glasses trade or industry, any geographical significance, or any meaning in a foreign language
|
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/David R. Ellis/ |
SIGNATORY'S NAME |
David R. Ellis |
SIGNATORY'S POSITION |
Attorney |
DATE SIGNED |
10/11/2007 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Oct 11 11:03:04 EDT 2007 |
TEAS STAMP |
USPTO/ROA-XX.XX.XX.XXX-20
071011110304389759-788129
83-4004a8d452e28b5fed4901
3b23dbbd6b230-N/A-N/A-200
71011104833460728 |
PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
78812983 has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
In accordance with the Examiner’s Amendment entered October 11, 2007, applicant has amended the identification of goods to “radiation protective eyewear, other than sunglasses, namely leaded
eyeglasses, safety eyewear, and safety goggles for medical and healthcare professionals who utilize imaging x-rays during medical procedures,” which clearly shows their use and intended market.
With this amendment, we believe that it is clear that the applicant’s goods are so different from the registrant's goods that there would be no likelihood of confusion among consumers, particularly
in view of the fact that the applicant’s goods are niche products targeted to a very narrow and sophisticated set of consumers, namely medical and healthcare professionals who utilize imaging x-rays
during medical procedures. We note that the examining attorney has agreed with this position in the applicant’s companion application in Serial No. 78/812985 and has approved that application
for publication.
Accordingly, we request that the Section 2(d) refusal be withdrawn and this application be approved for publication.
"MICROLITE” does not have any significance in the glasses trade or industry, any geographical significance, or any meaning in a foreign language
SIGNATURE(S)
Response Signature
Signature: /David R. Ellis/ Date: 10/11/2007
Signatory's Name: David R. Ellis
Signatory's Position: Attorney
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.
attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a
signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney
appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this
matter.
Serial Number: 78812983
Internet Transmission Date: Thu Oct 11 11:03:04 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20071011110304389
759-78812983-4004a8d452e28b5fed49013b23d
bbd6b230-N/A-N/A-20071011104833460728