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. 79149176 SOLARIS(Standard Characters, see http://uspto.report/TM/79149176/mark.png) has been amended as follows:

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

(1) Applicant is the owner of U.S. Registration No. 2,644,505.  (2) SOLARIS is a wholly owned subsidiary of Applicant.  Accordingly, kindly withdraw U.S. Registration No. 4,123,778 as a bar to registration.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Retail sale services for optical goods, namely spectacles, spectacle frames, sunglasses, wrap-around goggles for sports, spectacle cases; dissemination of advertisements in connection with optical goods; organization of exhibitions for commercial or advertising purposes for optical goods, organization of promotional activities in connection with optical goods
Original Filing Basis:
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed:
Tracked Text Description: Retail sale services for optical goods, namely spectacles, spectacle frames, sunglasses, wrap-around goggles for sports, spectacle cases; Retail sale services, namely, retail store services and online retail services for optical goods, namely spectacles, spectacle frames, sunglasses, wrap-around goggles for sports, spectacle cases; dissemination of advertisements in connection with optical goods; organization of exhibitions for commercial or advertising purposes for optical goods, organization of promotional activities in connection with optical goodsClass 035 for Retail sale services, namely, retail store services and online retail services for optical goods, namely spectacles, spectacle frames, sunglasses, wrap-around goggles for sports, spectacle cases; dissemination of advertisements in connection with optical goods; organization of exhibitions for commercial or advertising purposes for optical goods, organization of promotional activities in connection with optical goods

Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

ADDITIONAL STATEMENTS
Miscellaneous Statement
The mark consists of a stylized representation of the term SOLARIS.


SIGNATURE(S)
Response Signature
Signature: /William C. Wright/     Date: 09/19/2014
Signatory's Name: William C. Wright
Signatory's Position: Attorney of Record, New York State Bar Member

Signatory's Phone Number: 212-292-5390

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: 79149176
Internet Transmission Date: Fri Sep 19 16:56:08 EDT 2014
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2014091916560890
8679-79149176-50060fe9e6a6f48a245f5ca14e
128114b6ef9f6432b72eed99376cae6c5c83bf9e
b-N/A-N/A-20140919163812803282