| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 07/31/2017) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 85443589 |
| LAW OFFICE ASSIGNED | LAW OFFICE 116 |
| MARK SECTION | |
| MARK | http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85443589 |
| LITERAL ELEMENT | GAS RELIEF |
| STANDARD CHARACTERS | YES |
| USPTO-GENERATED IMAGE | YES |
| MARK STATEMENT | The mark consists of standard characters, without claim to any particular font style, size or color. |
| ARGUMENT(S) | |
|
The examining attorney has refused registration on the grounds that the applied for mark is generic. Applicant respectfully disagrees, and submits as follows: Examining attorney, in the refusal, cites the search term “gas relief” used on the website amazon.com, among other retail websites, as reason that the applied for mark is generic. These search results, however, produce no herbal supplement products with the same name. A search of any combination of words on amazon.com, google.com, or other retail websites will produce a myriad of results of retail products, this does not, however, indicate that any particular product is generic or that the relevant purchasing public understands primarily as describing the genus of the applicant’s goods. The genus of the goods, as understood by the consuming public, is herbal supplement, dietary supplement or herbal tea. The applied for mark, “Gas Relief,” describes a desirable feature of applicant’s goods, is appropriate for registration on the supplemental register as the examining attorney appropriately recognizes in the initial office action dated January 24, 2012. The supplemental register is appropriate for marks that are capable of distinguishing the applicant’s goods or services, even if they may not be registered on the principle register for descriptiveness 15 USC §1091. The applied for mark, “Gas Relief”, is capable of distinguishing applicant’s goods from all other herbal supplements and therefore registration should be granted on the supplemental register. |
|
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Tami L. Wahl/ |
| SIGNATORY'S NAME | Tami Wahl |
| SIGNATORY'S POSITION | Legal & Regulatory Affairs |
| SIGNATORY'S PHONE NUMBER | 707-823-8911 |
| DATE SIGNED | 11/21/2012 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Nov 21 17:40:16 EST 2012 |
| TEAS STAMP | USPTO/ROA-XX.XX.XXX.XX-20 121121174016637446-854435 89-490d64eef7cece7f375c4d dc96bc3f1482-N/A-N/A-2012 1121173529267668 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 07/31/2017) |
The examining attorney has refused registration on the grounds that the applied for mark is generic. Applicant respectfully disagrees, and submits as follows:
Examining attorney, in the refusal, cites the search term “gas relief” used on the website amazon.com, among other retail websites, as reason that the applied for mark is generic. These search results, however, produce no herbal supplement products with the same name. A search of any combination of words on amazon.com, google.com, or other retail websites will produce a myriad of results of retail products, this does not, however, indicate that any particular product is generic or that the relevant purchasing public understands primarily as describing the genus of the applicant’s goods. The genus of the goods, as understood by the consuming public, is herbal supplement, dietary supplement or herbal tea.
The applied for mark, “Gas Relief,” describes a desirable feature of applicant’s goods, is appropriate for registration on the supplemental register as the examining attorney appropriately recognizes in the initial office action dated January 24, 2012. The supplemental register is appropriate for marks that are capable of distinguishing the applicant’s goods or services, even if they may not be registered on the principle register for descriptiveness 15 USC §1091. The applied for mark, “Gas Relief”, is capable of distinguishing applicant’s goods from all other herbal supplements and therefore registration should be granted on the supplemental register.