PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

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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. 78861023 has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Trademark Law Office:  112

Serial Number:  78/861023

Mark:  FTVGIRLS 

 

 

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

 

Applicant:         Mr. Robert H. Simyar   Mark:               FTVGIRLS   Serial No.:        78/861023   Filing Date:       April 13, 2006   Class:               9

David Taylor Trademark Attorney   Law Office:  112

 

Trademark Assistance Center

James Madison Building - East Wing

Concourse Level

600 Dulany Street

Alexandria, Virginia 22314

 

 

RESPONSE TO SECOND OFFICE ACTION

Applicant Mr. Robert H. Simyar (“Applicant”) hereby responds to the United States Patent and Trademark Office (“USPTO”) Action dated May 2, 2007 (“Office Action”).  In the Office Action the examining attorney (“Examiner”) refuses registration of the application for the captioned mark (“Mark”) asserting that the Mark as used on the substitute specimen provided with Applicant’s Response to the Second Office Action filed March 5, 2007 is a title of a single creative work and does not function as a trademark.  Applicant respectfully disagrees with the Examiner and requests registration of the Mark in International Class 9 for the following reasons and on the following bases:

I.                   THE MARK DOES IN FACT FUNCTION AS A TRADEMARK.

Applicant asserts that the Mark does, in fact, function as a trademark as evidenced by Applicant’s use of the Mark on a series of pre-recorded works.  Attached hereto as Exhibit 1 and incorporated herein by reference is an additional DVD cover showing the Mark as used on Applicant’s claimed goods.

 

II.                CONCLUSION

Based upon the foregoing response, the Applicant herein respectfully requests that the Examiner approves the Mark for publication.

EVIDENCE
Evidence in the nature of photo of goods bearing the mark has been attached.
Evidence-1
Evidence-2

SIGNATURE(S)
Response Signature
Signature: /Jennifer K. Craft/     Date: 11/01/2007
Signatory's Name: Jennifer K. Craft, Esq.
Signatory's Position: Attorney of Record

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: 78861023
Internet Transmission Date: Thu Nov 01 17:08:02 EDT 2007
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-200711011708020
22364-78861023-40063b38cd43afea3713d839b
223399e486-N/A-N/A-20071101170129667893