| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/30/2011) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 85186595 |
| LAW OFFICE ASSIGNED | LAW OFFICE 102 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
Applicant respectfully requests favorable reconsideration of the Office Action dated February 1, 2011. Applicant's request is based on the fact that this mark has been in use on similar or related goods for over five years, as previously established in other registrations owned by Applicant for this mark. Namely, Applicant is the owner of Registration No. 3219425 for use of the mark in connection with headwear. The headwear is intended for use by consumers of Applicant's fishing equipment while the consumers are fishing. In addition, consumers may also use the headwear during other activities to advertise Applicant's fishing equipment. During the prosecution of the application for this Registration, Applicant's President submitted a Declaration confirming use of the mark in conjunction with headwear for at least the five years preceding the application. As shown in the Registration, Applicant has been using the mark on headwear since 12/31/1996. In addition, long-standing use of the mark and related marks by Applicant on fishing equipment (since the late 1800's and early 1900's) was also confirmed during the prosecution. The current application identifies several types of casual and sporting apparel related to the headwear identified in Registration No. 3219425. Caps, which Applicant's consumers commonly use while fishing, are specifically identified in the current application. Other apparel expected to be used by Applicant's consumers while fishing with Applicant's fishing equipment, including headwear, is also identified. All of these types of apparel fall within International Class 25, as with Registration No. 3219425. Through long-standing use of the applied-for mark on apparel and related fishing equipment, Applicant has established acquired distinctiveness in the applied-for mark. On the basis, Applicant respectfully requests favorable reconsideration of the pending refusal. |
|
| ADDITIONAL STATEMENTS SECTION | |
| PRIOR REGISTRATION(S) | The applicant claims ownership of U.S. Registration Number(s) 3219425 and 0071940. |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Angelica M. Colwell/ |
| SIGNATORY'S NAME | Angelica M. Colwell |
| SIGNATORY'S POSITION | Attorney of record, South Carolina bar member |
| DATE SIGNED | 08/01/2011 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Mon Aug 01 11:53:33 EDT 2011 |
| TEAS STAMP | USPTO/ROA-XXX.XX.XXX.XXX- 20110801115333700541-8518 6595-480afa593bdd3dd764ff 59c78f5e431ee50-N/A-N/A-2 0110801110734246603 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/30/2011) |
Applicant respectfully requests favorable reconsideration of the Office Action dated February 1, 2011. Applicant's request is based on the fact that this mark has been in use on similar or related goods for over five years, as previously established in other registrations owned by Applicant for this mark. Namely, Applicant is the owner of Registration No. 3219425 for use of the mark in connection with headwear. The headwear is intended for use by consumers of Applicant's fishing equipment while the consumers are fishing. In addition, consumers may also use the headwear during other activities to advertise Applicant's fishing equipment. During the prosecution of the application for this Registration, Applicant's President submitted a Declaration confirming use of the mark in conjunction with headwear for at least the five years preceding the application. As shown in the Registration, Applicant has been using the mark on headwear since 12/31/1996. In addition, long-standing use of the mark and related marks by Applicant on fishing equipment (since the late 1800's and early 1900's) was also confirmed during the prosecution.
The current application identifies several types of casual and sporting apparel related to the headwear identified in Registration No. 3219425. Caps, which Applicant's consumers commonly use while fishing, are specifically identified in the current application. Other apparel expected to be used by Applicant's consumers while fishing with Applicant's fishing equipment, including headwear, is also identified. All of these types of apparel fall within International Class 25, as with Registration No. 3219425.
Through long-standing use of the applied-for mark on apparel and related fishing equipment, Applicant has established acquired distinctiveness in the applied-for mark. On the basis, Applicant respectfully requests favorable reconsideration of the pending refusal.