Response to Office Action

SILVER

G.I. SPORTZ INC.

Response to Office Action

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 78895433
LAW OFFICE ASSIGNED LAW OFFICE 101
MARK SECTION (no change)
OWNER SECTION (current)
NAME Procaps L.P.
STREET 6000 Kieran
CITY Ville St-Laurent
ZIP/POSTAL CODE H4S2B5
COUNTRY CA
OWNER SECTION (proposed)
NAME Procaps L.P.
STREET 6000 Kieran Street
CITY Ville St. Laurent
STATE Quebec
ZIP/POSTAL CODE H4S 2B5
COUNTRY Canada
LEGAL ENTITY SECTION (current)
TYPE PARTNERSHIP
LEGAL ENTITY SECTION (proposed)
TYPE LIMITED PARTNERSHIP
STATE/COUNTRY WHERE LEGALLY ORGANIZED Canada
NAME OF ALL GENERAL PARTNERS, ACTIVE MEMBERS, INDIVIDUAL, TRUSTEES, OR EXECUTORS, AND CITIZENSHIP/ INCORPORATION Procaps G.P. Inc., a Canadian corporation
ARGUMENT(S)

The Examining Attorney has requested that Applicant indicate whether the wording "SILVER" has any significance in the relevant trade or industry.  Applicant notes that the wording "SILVER" has no significance in the relevant trade or industry.

The Examining Attorney has also inquired if the wording "SILVER" has any significance as applied to the goods, including whether the term identifies the color of the paintballs, whether the term identifies a grade designation, or has any other significance.  Applicant notes that the word "SILVER" is suggestive of a high quality level of paintballs, but does not function as a grade designation per se.  The shells of the paintballs are partially colored gold, with the other part being the color of the paint within the paintball shell (green, yellow, orange, pink, white, blue, or purple).

SIGNATURE SECTION
RESPONSE SIGNATURE /Christie Baty Heinze/
SIGNATORY'S NAME Christie Baty Heinze
SIGNATORY'S POSITION Attorney of Record
DATE SIGNED 04/18/2007
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Apr 18 08:51:48 EDT 2007
TEAS STAMP USPTO/ROA-XX.XXX.X.X-2007
0418085148869478-78895433
-370ac3255d01d1615afacdfb
0feabdef333-N/A-N/A-20070
418081949155452



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. 78895433 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:

The Examining Attorney has requested that Applicant indicate whether the wording "SILVER" has any significance in the relevant trade or industry.  Applicant notes that the wording "SILVER" has no significance in the relevant trade or industry.

The Examining Attorney has also inquired if the wording "SILVER" has any significance as applied to the goods, including whether the term identifies the color of the paintballs, whether the term identifies a grade designation, or has any other significance.  Applicant notes that the word "SILVER" is suggestive of a high quality level of paintballs, but does not function as a grade designation per se.  The shells of the paintballs are partially colored gold, with the other part being the color of the paint within the paintball shell (green, yellow, orange, pink, white, blue, or purple).




Procedural Matters/Informalities
Applicant proposes to amend the following:
Original: Procaps L.P.having an address of 6000 Kieran Ville St-Laurent, CA H4S2B5.
Proposed: Procaps L.P., , a limited partnership legally organized under the laws of Canada, comprising of Procaps G.P. Inc., a Canadian corporation, having an address of 6000 Kieran Street Ville St. Laurent, Quebec Canada H4S 2B5.


Response Signature
Signature: /Christie Baty Heinze/     Date: 04/18/2007
Signatory's Name: Christie Baty Heinze
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: 78895433
Internet Transmission Date: Wed Apr 18 08:51:48 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XXX.X.X-2007041808514886947
8-78895433-370ac3255d01d1615afacdfb0feab
def333-N/A-N/A-20070418081949155452



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