Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 79124849 ROGER (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=79124849) has been amended as follows:

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

In the Office Action, the Examining Attorney has required that Applicant limit the identification of goods to "wireless transmitters, receivers and microphones, all for use only with hearing aids for hearing-impaired people" in order to be within the scope of the underlying International Registration.  On May 26, 2013, Applicant filed a Request for the Recording of a Limitation of the List of Goods and Services with the International Bureau.  A copy of that request is attached at Exhibit A.  The limitation has now been entered in the records of the International Bureau as noted in the attached printout from the Romarin database.  Applicant requests that such restriction limiting the goods to "wireless" goods be likewise inserted into the description of goods in this U.S. application.  As such, the refusal of the application should be withdrawn.

Applicant has also entered herein the required description of the mark, using the wording suggested by the Examining Attorney.

Applicant believes this application is now in condition for publication.  If there are any issues that can be resolved by Examiner's Amendment or a call to Applicant's U.S. counsel, the Examining Attorney is invited to contact Applicant's attorney, Sherri L. Eastley, at (512) 482-5232 or seastley@pirkeybarber.com.

 

EVIDENCE
Evidence in the nature of Request to Limit Goods for U.S. filed with WIPO; Romarin status of International Registration has been attached.
Original PDF file:
evi_66193119230-172342780_._WIPO_Status_Romarin_for_Roger_and_Design__U.S..pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_66193119230-172342780_._mm6_request.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the wording "ROGER" with three shaded circles above the incomplete letter "O".

SIGNATURE(S)
Response Signature
Signature: /Sherri L. Eastley/     Date: 09/16/2013
Signatory's Name: Sherri L. Eastley
Signatory's Position: Attorney of record, Texas bar member

Signatory's Phone Number: (512) 482-5232

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: 79124849
Internet Transmission Date: Mon Sep 16 17:44:58 EDT 2013
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201309161744586
56080-79124849-500174423ba05a7e3dca3f3b2
77a0225a75172e7564dcd703813902e176fe2-N/
A-N/A-20130916172342780488