PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 07/31/2017) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
85531294 |
LAW OFFICE ASSIGNED |
LAW OFFICE 111 |
MARK SECTION |
MARK |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85531294 |
LITERAL ELEMENT |
HUNTINGTON |
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) |
This is in response to the Official Action dated June 12, 2012.
The Examining Attorney has refused registration under Section 2(e)(4) alleging that the applied-for mark is primarily merely a surname. As
suggested by the Examining Attorney, Applicant hereby notes that the mark has become distinctive under Section 2(f) of the services as evidenced by ownership of U.S. Registration No. 3,134,873 on the
Principal Register for the same mark for related services. Applicant also hereby declares that the mark has become distinctive of the services through Applicant's
substantially exclusive and continuous use in commerce for at least the five years immediately before the date of this statement.
Having addressed all issues raised in the Official Action, Applicant believes that the application is in condition for allowance.
Accordingly, a speedy publication is respectfully requested.
No fee is deemed necessary for this response. However, if the Examining Attorney believes a fee is appropriate, she is authorized to charge
Deposit Account No. 12-1095.
If the Examining Attorney has any questions concerning this matter, she is encouraged to contact Applicant's counsel by telephone.
|
ADDITIONAL STATEMENTS SECTION |
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use |
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use in commerce that
the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement. |
SECTION 2(f) Claim of Acquired Distinctiveness, based on Active Prior Registration(s) |
The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for related
goods or services of U.S. Registration No(s). 3,134,873. |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/GREGG A. PARADISE/ |
SIGNATORY'S NAME |
GREGG A. PARADISE |
SIGNATORY'S POSITION |
ATTORNEY OF RECORD, NJ BAR MEMBER |
SIGNATORY'S PHONE NUMBER |
908-654-5000 |
DATE SIGNED |
12/03/2012 |
RESPONSE SIGNATURE |
/GREGG A. PARADISE/ |
SIGNATORY'S NAME |
GREGG A. PARADISE |
SIGNATORY'S POSITION |
ATTORNEY OF RECORD, NJ BAR MEMBER |
SIGNATORY'S PHONE NUMBER |
908-654-5000 |
DATE SIGNED |
12/03/2012 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Dec 03 12:59:57 EST 2012 |
TEAS STAMP |
USPTO/ROA-XXX.XX.X.X-2012
1203125957308224-85531294
-49099c6261e551716f889e95
9027b181ee-N/A-N/A-201212
03123116454805 |
PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 07/31/2017) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
85531294 HUNTINGTON(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85531294) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
This is in response to the Official Action dated June 12, 2012.
The Examining Attorney has refused registration under Section 2(e)(4) alleging that the applied-for mark is primarily merely a surname. As
suggested by the Examining Attorney, Applicant hereby notes that the mark has become distinctive under Section 2(f) of the services as evidenced by ownership of U.S. Registration No. 3,134,873 on the
Principal Register for the same mark for related services. Applicant also hereby declares that the mark has become distinctive of the services through Applicant's
substantially exclusive and continuous use in commerce for at least the five years immediately before the date of this statement.
Having addressed all issues raised in the Official Action, Applicant believes that the application is in condition for allowance.
Accordingly, a speedy publication is respectfully requested.
No fee is deemed necessary for this response. However, if the Examining Attorney believes a fee is appropriate, she is authorized to charge
Deposit Account No. 12-1095.
If the Examining Attorney has any questions concerning this matter, she is encouraged to contact Applicant's counsel by telephone.
ADDITIONAL STATEMENTS
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use in commerce that the U.S. Congress may lawfully regulate for at least the five
years immediately before the date of this statement.
SECTION 2(f) Claim of Acquired Distinctiveness, based on Active Prior Registration(s)
The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for related goods or services of U.S. Registration No(s).
3,134,873.
SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had a bona fide intention to use or use through the applicant's related company
or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and
2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is
seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the application as of the application filing
date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37
C.F.R. Sec. 2.44. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such
willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the
applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes
applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either
in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake,
or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and
all statements in the original application and this submission made on information and belief are believed to be true.
Signature: /GREGG A. PARADISE/ Date: 12/03/2012
Signatory's Name: GREGG A. PARADISE
Signatory's Position: ATTORNEY OF RECORD, NJ BAR MEMBER
Signatory's Phone Number: 908-654-5000
Response Signature
Signature: /GREGG A. PARADISE/ Date: 12/03/2012
Signatory's Name: GREGG A. PARADISE
Signatory's Position: ATTORNEY OF RECORD, NJ BAR MEMBER
Signatory's Phone Number: 908-654-5000
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: 85531294
Internet Transmission Date: Mon Dec 03 12:59:57 EST 2012
TEAS Stamp: USPTO/ROA-XXX.XX.X.X-2012120312595730822
4-85531294-49099c6261e551716f889e959027b
181ee-N/A-N/A-20121203123116454805