| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
| Input Field |
Entered |
| SERIAL NUMBER | 78909246 |
| LAW OFFICE ASSIGNED | LAW OFFICE 106 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
RESPONSE AND AMENDMENTIn response to the Office Action of November 16, 2006 please amend U.S. trademark application 78/909,246 for the mark SUNSTONE as follows:
Applicant would like to clarify its goods better, and wishes to adopt the following identification of goods, if acceptable by the Examiner: International Class 1: “phosphors for industrial, medical, surgical and scientific uses, for high-resolution imaging and for the identification of product authenticity.” REMARKSThe Applicant has reviewed the Office Action of November 16, 2006 and has the following comments: Applicant notes that the Examiner has refused the current specimen of record. More specifically, the Examiner has alleged that the current specimen of record comprises a label on an envelope and is unacceptable as evidence of actual trademark use because it does not show the mark as it is used in commerce on the goods or on the packaging for the goods. The Applicant has reviewed the foregoing comment and respectfully, but strongly, disagrees therewith for the following reasons. Applicant notes that the specimen of record is not a mailing label. The specimen of record is the actual label that is affixed to the packaging for the goods which bears the mark SUNSTONE. Applicant brings the Examiner’s attention to the center of the label where it indicates “nanocrystal 5 milligrams”. The number of nanocrytals specifically indicates the size and amount of phosphors in the particles. This label describes the contents of what is in the packaging for the goods under the mark SUNSTONE. In addition, the label provides contact information for Sunstone, Inc. This type of label does not, in Applicant’s opinion comprise a mailing label. Applicant respectfully requests that the Examiner reconsider the refusal of the specimen of record. |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME(S) | |
| ORIGINAL PDF FILE | evi_661731802-160357767_._Specimen_-_filed_with_response.pdf |
| CONVERTED PDF FILE(S) (1 page) |
\\TICRS2\EXPORT12\789\092 \78909246\xml1\ROA0002.JP G |
| DESCRIPTION OF EVIDENCE FILE | Specimen of record with explanation |
| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 001 |
| DESCRIPTION | |
| Phosphors for industrial and scientific use and for further manufacture | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 09/03/1986 |
| FIRST USE IN COMMERCE DATE | At least as early as 09/03/1986 |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 001 |
| DESCRIPTION | |
| Phosphors for industrial, medical, surgical and scientific uses, for high-resolution imaging and for the identification of product authenticity. | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 09/03/1986 |
| FIRST USE IN COMMERCE DATE | At least as early as 09/03/1986 |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice. |
| RESPONSE SIGNATURE | /Richard C. Woodbridge/ |
| SIGNATORY'S NAME | Ricard C. Woodbridge |
| SIGNATORY'S POSITION | Attorney of Record |
| DATE SIGNED | 04/11/2007 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Apr 11 16:38:34 EDT 2007 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XXX.X-20 070411163834689970-789092 46-370e73b8e72e14741651a9 5cd35d4301e-N/A-N/A-20070 411160357767922 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
In response to the Office Action of November 16, 2006 please amend U.S. trademark application 78/909,246 for the mark SUNSTONE as follows:
Applicant would like to clarify its goods better, and wishes to adopt the following identification of goods, if acceptable by the Examiner:
International Class 1: “phosphors for industrial, medical, surgical and scientific uses, for high-resolution imaging and for the identification of product authenticity.”
The Applicant has reviewed the Office Action of November 16, 2006 and has the following comments:
Applicant notes that the Examiner has refused the current specimen of record. More specifically, the Examiner has alleged that the current specimen of record comprises a label on an envelope and is unacceptable as evidence of actual trademark use because it does not show the mark as it is used in commerce on the goods or on the packaging for the goods.
The Applicant has reviewed the foregoing comment and respectfully, but strongly, disagrees therewith for the following reasons.
Applicant notes that the specimen of record is not a mailing label. The specimen of record is the actual label that is affixed to the packaging for the goods which bears the mark SUNSTONE.
Applicant brings the Examiner’s attention to the center of the label where it indicates “nanocrystal 5 milligrams”. The number of nanocrytals specifically indicates the size and amount of phosphors in the particles. This label describes the contents of what is in the packaging for the goods under the mark SUNSTONE. In addition, the label provides contact information for Sunstone, Inc. This type of label does not, in Applicant’s opinion comprise a mailing label.
Applicant respectfully requests that the Examiner reconsider the refusal of the specimen of record.
