PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER85149450
LAW OFFICE ASSIGNEDLAW OFFICE 102
MARK SECTION (no change)
ARGUMENT(S)

The Examining Attorney referenced prior pending Application No. 77105608 as a potential bar to registration of the present application.  There is no likelihood of confusion between the mark DOWNTOWN and "figure of a bartender" and the mark in the referenced application based on the visual differences between the marks and the overall differences commercial impression when both marks are viewed in their entireties. 

For the above reasons, applicant respectfully requests that the referenced application be withdrawn as a potential bar to registration and that this application be approved for publication.

ADDITIONAL STATEMENTS SECTION
DESCRIPTION OF THE MARK
(and Color Location, if applicable) 		The mark consists of the design of a bartender holding a cocktail mixer, with three beverage glasses in front of him. Below the design is the stylized text "CIPRIANI DOWNTOWN".
SIGNATURE SECTION
RESPONSE SIGNATURE /DMB/
SIGNATORY'S NAME Donna Mirman Broome
SIGNATORY'S POSITION Attorney
DATE SIGNED 03/09/2011
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Mar 09 13:22:17 EST 2011
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XX-2
0110309132217511869-85149
450-480ddee1c1434d2641759
32b9ca44fc9113-N/A-N/A-20
110309131634187987


PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 85149450 has been amended as follows:

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

The Examining Attorney referenced prior pending Application No. 77105608 as a potential bar to registration of the present application.  There is no likelihood of confusion between the mark DOWNTOWN and "figure of a bartender" and the mark in the referenced application based on the visual differences between the marks and the overall differences commercial impression when both marks are viewed in their entireties. 

For the above reasons, applicant respectfully requests that the referenced application be withdrawn as a potential bar to registration and that this application be approved for publication.



ADDITIONAL STATEMENTS
Description of mark
The mark consists of the design of a bartender holding a cocktail mixer, with three beverage glasses in front of him. Below the design is the stylized text "CIPRIANI DOWNTOWN".

SIGNATURE(S)
Response Signature
Signature: /DMB/     Date: 03/09/2011
Signatory's Name: Donna Mirman Broome
Signatory's Position: Attorney

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: 85149450
Internet Transmission Date: Wed Mar 09 13:22:17 EST 2011
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2011030913221751
1869-85149450-480ddee1c1434d264175932b9c
a44fc9113-N/A-N/A-20110309131634187987