| PTO Form 2194 (Rev 9/2005) |
| OMB No. 0651-0054 (Exp. 11/30/2008) |
Petition To Revive For Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
78913307 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 103 |
| DATE OF NOTICE OF ABANDONMENT |
07/06/2007 |
| PETITION |
| PETITION STATEMENT |
Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and
requests the USPTO to revive the abandoned application. |
| RESPONSE TO OFFICE ACTION |
| MARK SECTION (no change) |
| ARGUMENT(S) |
|
The examining attorney has refused the mark "Slider" based on the term being descriptive of one of the products, a pitching machine.
First, the rest of the mark should have not been refused because the mark also refers to Ball cages, Ball pitching screens, Baseballs, Baseballs not soft, Softballs, Tennis balls,
Ball batting tees, Batting gloves, and Ball return apparatus for baseball, softball, and tennis. Non-of the above types of products throw breaking balls and should not have been rejected
for registration.
Second, when refering to "Slider" as a pitching machine, the product has become so well known that there could be no confusion. Similar to when Microsoft trademarked "Windows".
Even though the computer screen was known as a window, the name was so well known to represent the software titled "Windows" that the trademark office allowed the trademark of "Windows" to
Microsoft.
If you look on the interenet, you will find the Slider (pitching machine) on most of the largest sites in the country. In additon, Dick's Sporting Goods for example carries the Slider
pitching machine and also ran a national advertisement in November of 2006 promoting the Slider in their stores.
Since the Slider has become so well known, similiar to Microsoft's "Windows", I would ask the examing attorney to accept the trademark because the name is snynonimous with the pitching
machine made by us. Also, because the Slider Pitching Machine is so popular that there would be no confusion with other products that throw a
slider pitch.
|
| PAYMENT SECTION |
| TOTAL AMOUNT |
100 |
| TOTAL FEES DUE |
100 |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/William C. Lay/ |
| SIGNATORY'S NAME |
William C. Lay |
| SIGNATORY'S POSITION |
President |
| DATE SIGNED |
08/16/2007 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Thu Aug 16 13:01:48 EDT 2007 |
| TEAS STAMP |
USPTO/POA-XXX.XX.XXX.XX-2
0070816130148674078-78913
307-3806546505943f1e4603c
5122449c3a9e71-CC-7052-20
070816121055559198 |
| PTO Form 2194 (Rev 9/2005) |
| OMB No. 0651-0054 (Exp. 11/30/2008) |
Petition To Revive For Office Action
To the Commissioner for Trademarks:
Application serial no.
78913307 has been amended as follows:
PETITION
Petition Statement
Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the USPTO to revive the abandoned application.
RESPONSE TO OFFICE ACTION
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
The examining attorney has refused the mark "Slider" based on the term being descriptive of one of the products, a pitching machine.
First, the rest of the mark should have not been refused because the mark also refers to Ball cages, Ball pitching screens, Baseballs, Baseballs not soft, Softballs, Tennis balls,
Ball batting tees, Batting gloves, and Ball return apparatus for baseball, softball, and tennis. Non-of the above types of products throw breaking balls and should not have been rejected
for registration.
Second, when refering to "Slider" as a pitching machine, the product has become so well known that there could be no confusion. Similar to when Microsoft trademarked "Windows".
Even though the computer screen was known as a window, the name was so well known to represent the software titled "Windows" that the trademark office allowed the trademark of "Windows" to
Microsoft.
If you look on the interenet, you will find the Slider (pitching machine) on most of the largest sites in the country. In additon, Dick's Sporting Goods for example carries the Slider
pitching machine and also ran a national advertisement in November of 2006 promoting the Slider in their stores.
Since the Slider has become so well known, similiar to Microsoft's "Windows", I would ask the examing attorney to accept the trademark because the name is snynonimous with the pitching
machine made by us. Also, because the Slider Pitching Machine is so popular that there would be no confusion with other products that throw a
slider pitch.
FEE(S)
Fee(s) in the amount of $100 is being submitted.
SIGNATURE(S)
Petition/Response Signature
Signature: /William C. Lay/ Date: 08/16/2007
Signatory's Name: William C. Lay
Signatory's Position: President
The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal
authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of
attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.
RAM Sale Number: 7052
RAM Accounting Date: 08/16/2007
Serial Number: 78913307
Internet Transmission Date: Thu Aug 16 13:01:48 EDT 2007
TEAS Stamp: USPTO/POA-XXX.XX.XXX.XX-2007081613014867
4078-78913307-3806546505943f1e4603c51224
49c3a9e71-CC-7052-20070816121055559198