| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/30/2011) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 85337367 |
| LAW OFFICE ASSIGNED | LAW OFFICE 103 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
1. Recitation of Services.
In response to the examining attorney's priority action, applicant has amended the recitation of services as recommended by the examining attorney.
2. Applicant's Entity.
The examining attorney has required that applicant amend the designation of its corporate entity to "limited company." Applicant respectfully requests that the examining attorney withdraw this requirement and allow the designation to remain "company," as it is at present.
A copy of the applicant's certificate of organization is attached as Exhibit 1, indicating that the applicant is a "company" and, more specifically, an "exempted company." As this is the technical terminology used under the laws of the Cayman Islands, applicant submits that such terminology is appropriate to identify applicant. To use other terminology would create occasion for confusion in the title records of the Trademark Office, especially if later recorded documents do not refer to the applicant as a "limited company."
The TMEP states that "the word 'company' is sometimes more accurate" to describe a foreign entity, and that "If the applicant is from the United Kingdom or another commonwealth country (e.g., Canada or Australia) and the term 'company' (or the abbreviation 'co.') is used, no inquiry is needed." TMEP Section 803.03(i) (emphasis supplied). The same provision states that "'Limited company' is also acceptable in commonwealth countries," but it does indicate that 'limited company' is required. Id. Note also that the electronic TEAS form for the filing of new trademark applications provides "company" as an available selection for a foreign entity.
Accordingly, applicant requests that the designation remain as "company." Alternatively, applicant would consent to amend the designation to "exempted company."
|
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME(S) | |
| ORIGINAL PDF FILE | evi_661921756-122041812_._ostrich_cert_of_org_09_26_2011_11_36_19_133.pdf |
| CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT11\IMAGEOUT11\853\373\85337367\xml5\ROA0002.JPG |
| DESCRIPTION OF EVIDENCE FILE | Certificate of organization |
| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 036 |
| DESCRIPTION | |
| Financial services, including private equity fund investment services and management of private equity funds | |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 036 |
| TRACKED TEXT DESCRIPTION | |
| FINAL DESCRIPTION | |
| Private equity fund investment services and management of private equity funds | |
| FILING BASIS | Section 1(b) |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /anthony masiello/ |
| SIGNATORY'S NAME | Anthony R. Masiello |
| SIGNATORY'S POSITION | Attorney of Record, District of Columbia bar member |
| DATE SIGNED | 09/26/2011 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Mon Sep 26 12:26:05 EDT 2011 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XXX.X-20 110926122605761269-853373 67-4802bdd6e4a5efdd67fcd4 093dff2ebba5-N/A-N/A-2011 0926122041812923 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/30/2011) |
1. Recitation of Services.
In response to the examining attorney's priority action, applicant has amended the recitation of services as recommended by the examining attorney.
2. Applicant's Entity.
The examining attorney has required that applicant amend the designation of its corporate entity to "limited company." Applicant respectfully requests that the examining attorney withdraw this requirement and allow the designation to remain "company," as it is at present.
A copy of the applicant's certificate of organization is attached as Exhibit 1, indicating that the applicant is a "company" and, more specifically, an "exempted company." As this is the technical terminology used under the laws of the Cayman Islands, applicant submits that such terminology is appropriate to identify applicant. To use other terminology would create occasion for confusion in the title records of the Trademark Office, especially if later recorded documents do not refer to the applicant as a "limited company."
The TMEP states that "the word 'company' is sometimes more accurate" to describe a foreign entity, and that "If the applicant is from the United Kingdom or another commonwealth country (e.g., Canada or Australia) and the term 'company' (or the abbreviation 'co.') is used, no inquiry is needed." TMEP Section 803.03(i) (emphasis supplied). The same provision states that "'Limited company' is also acceptable in commonwealth countries," but it does indicate that 'limited company' is required. Id. Note also that the electronic TEAS form for the filing of new trademark applications provides "company" as an available selection for a foreign entity.
Accordingly, applicant requests that the designation remain as "company." Alternatively, applicant would consent to amend the designation to "exempted company."
