| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/30/2011) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 85282842 |
| LAW OFFICE ASSIGNED | LAW OFFICE 116 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
In response to the Official Action mailed June 29, 2011, the applicant hereby submits the following amendment, remarks and request for reconsideration.
IDENTIFICATION OF THE GOODS Please amend the recitation of goods as follows:
Class 003:
Class 003 (clean): Non-medicated sun creams, sun care lotions, sunblock, and body lotions.
Class 025: [Cancelled]
REMARKS On page 2 of the Office Action, Applicant’s UMBRELLA standard character mark is provisionally refused under Trademark Act §2(d) “because of a likelihood of confusion” with the mark in U.S. Application Ser. No. 77/816,270 (UMBRELLA GIRLS FASHION), which was filed before Applicant’s application. U.S. Application Ser. No. 77/816,270 has been abandoned as of August 15, 2011 for failure of the Applicant to file a statement of use thus obviating this provisional refusal. On page 2 of the Office Action, Applicant’s UMBRELLA mark with respect to Class 012 is refused registration under Trademark Act §2(e)(1) because “the applied-for mark merely describes a feature of applicant’s goods.” In response, Applicant amends the Class 012 goods description to remove the goods “umbrellas to be affixed to a baby stroller.” Withdrawal of the refusal for the remaining goods, “car window shades,” is respectfully requested. Pages 2-3 of the Office Action state that the “wording in Classes 3 and 25 is indefinite and must be clarified.” Specifically, “[i]n Class 3, the wording ‘sun care creams’ and ‘lotions’ are overly broad.” In response, Applicant cancels the Class 025 goods and makes the following amendments to the goods description for Classes 003:
Class 003: Non-medicated sun creams, sun care lotions, sunblock, and body lotions.
Applicant notes that no amendment of the Class 024 goods description is required by the Office Action. For all of the above reasons, the applicant respectfully submits that the application is presently in condition for allowance, and reconsideration and allowance thereof is respectfully requested. The Trademark Examining Attorney is encouraged to contact the undersigned attorney to discuss any matter that would clarify this submission, and expedite allowance of the application. The Commissioner is hereby authorized to credit overpayments or charge payment of any additional fees associated with this communication to Deposit Account No. 502104. |
|
| GOODS AND/OR SERVICES SECTION (003)(current) | |
| INTERNATIONAL CLASS | 003 |
| DESCRIPTION | sun care creams, lotions, and sunblock |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (003)(proposed) | |
| INTERNATIONAL CLASS | 003 |
| TRACKED TEXT DESCRIPTION | |
| FINAL DESCRIPTION | |
| Non-medicated sun creams, sun care lotions, sunblock, and body lotions. | |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (012)(no change) | |
| GOODS AND/OR SERVICES SECTION (024)(no change) | |
| GOODS AND/OR SERVICES SECTION (025)(class deleted) | |
| INTERNATIONAL CLASS | 025 |
| DESCRIPTION | clothing and hats |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 12/14/2010 |
| FIRST USE IN COMMERCE DATE | At least as early as 12/14/2010 |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /John Christopher/ |
| SIGNATORY'S NAME | John Christopher |
| SIGNATORY'S POSITION | Attorney of record, Florida bar member |
| DATE SIGNED | 08/15/2011 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Mon Aug 15 13:37:45 EDT 2011 |
| TEAS STAMP | USPTO/ROA-XXX.XX.XXX.XXX- 20110815133745163245-8528 2842-480aa7d05e303f3763bc b7fdd4c49531-N/A-N/A-2011 0815132904539860 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/30/2011) |
In response to the Official Action mailed June 29, 2011, the applicant hereby submits the following amendment, remarks and request for reconsideration.
IDENTIFICATION OF THE GOODS
Please amend the recitation of goods as follows:
Class 003: Sun careNon-medicated sun creams, sun care lotions, and
sunblock, and body lotions.
Class 003 (clean): Non-medicated sun creams, sun care lotions, sunblock, and body lotions.
Class 025: [Cancelled]
REMARKS
On page 2 of the Office Action, Applicant’s UMBRELLA standard character mark is provisionally refused under Trademark Act §2(d) “because of a likelihood of confusion” with the mark in U.S. Application Ser. No. 77/816,270 (UMBRELLA GIRLS FASHION), which was filed before Applicant’s application. U.S. Application Ser. No. 77/816,270 has been abandoned as of August 15, 2011 for failure of the Applicant to file a statement of use thus obviating this provisional refusal.
On page 2 of the Office Action, Applicant’s UMBRELLA mark with respect to Class 012 is refused registration under Trademark Act §2(e)(1) because “the applied-for mark merely describes a feature of applicant’s goods.” In response, Applicant amends the Class 012 goods description to remove the goods “umbrellas to be affixed to a baby stroller.” Withdrawal of the refusal for the remaining goods, “car window shades,” is respectfully requested.
Pages 2-3 of the Office Action state that the “wording in Classes 3 and 25 is indefinite and must be clarified.” Specifically, “[i]n Class 3, the wording ‘sun care creams’ and ‘lotions’ are overly broad.” In response, Applicant cancels the Class 025 goods and makes the following amendments to the goods description for Classes 003:
Class 003: Non-medicated sun creams, sun care lotions, sunblock, and body lotions.
Applicant notes that no amendment of the Class 024 goods description is required by the Office Action.
For all of the above reasons, the applicant respectfully submits that the application is presently in condition for allowance, and reconsideration and allowance thereof is respectfully requested.
The Trademark Examining Attorney is encouraged to contact the undersigned attorney to discuss any matter that would clarify this submission, and expedite allowance of the application.
The Commissioner is hereby authorized to credit overpayments or charge payment of any additional fees associated with this communication to Deposit Account No. 502104.