| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
| Input Field |
Entered |
| SERIAL NUMBER | 78822126 |
| LAW OFFICE ASSIGNED | LAW OFFICE 111 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
AMENDMENT & RESPONSE TO OFFICE ACTION This is in response to the Office Action dated August 13, 2006. Please enter the following amendment. AMENDMENT Please enter the following claim of acquired distinctiveness: --The mark has become distinctive of the goods and services as evidenced by ownership of U.S. Registration Nos. 1,308,095 and 1,308,389 on the Principal Register for the same mark for related goods and services.-- REMARKS A claim of distinctiveness has been entered with respect to the term "SHEPLERS" based on Applicant’s prior registrations, U.S. Registration Nos. 1,308,095 and 1,308,389, for the mark SHEPLERS. It is believed that this amendment overcomes the rejection based on the mark being primarily merely a surname. It is noted with appreciation that no similar registered or pending marks were located which would bar registration of this mark. Accordingly, in view of the above amendment, it is believed that this application is now in condition for passing to publication, and such favorable action is requested when this case is next reached for consideration. Respectfully submitted, Michael B. Hurd Hovey Williams LLP Attorneys for Applicant |
|
| ADDITIONAL STATEMENTS SECTION | |
| SECTION 2(f) | "The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for related goods or services of U.S. Registration No(s) 1,308,095 and 1,308,389. " |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /MBH/ |
| SIGNATORY'S NAME | Michael B. Hurd |
| SIGNATORY'S POSITION | Atorrney of Record and Authorized Representative |
| DATE SIGNED | 08/14/2006 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Mon Aug 14 19:22:58 EDT 2006 |
| TEAS STAMP | USPTO/ROA-XX.XX.XXX.XXX-2 0060814192258054969-78822 126-34033dc9711f916eafc3d e49bb107b6acf-N/A-N/A-200 60814191538687039 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
AMENDMENT & RESPONSE TO OFFICE ACTION
This is in response to the Office Action dated August 13, 2006. Please enter the following amendment.
AMENDMENT
Please enter the following claim of acquired distinctiveness:
--The mark has become distinctive of the goods and services as evidenced by ownership of U.S. Registration Nos. 1,308,095 and 1,308,389 on the Principal Register for the same mark for related goods and services.--
REMARKS
A claim of distinctiveness has been entered with respect to the term "SHEPLERS" based on Applicant’s prior registrations, U.S. Registration Nos. 1,308,095 and 1,308,389, for the mark SHEPLERS. It is believed that this amendment overcomes the rejection based on the mark being primarily merely a surname.
It is noted with appreciation that no similar registered or pending marks were located which would bar registration of this mark. Accordingly, in view of the above amendment, it is believed that this application is now in condition for passing to publication, and such favorable action is requested when this case is next reached for consideration.
Respectfully submitted,
Michael B. Hurd
Hovey Williams LLP
Attorneys for Applicant