| 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 |
85594648 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 113 |
| MARK SECTION |
| MARK |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85594648 |
| LITERAL ELEMENT |
CLEARASIL ULTRA |
| 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 cited Registration Nos. 3895971 and 3745064 as obstacles to registration of the applied-for mark. Applicant
submits that the owner of these marks, Reckitt Benckiser (Overseas) Limited is a related company under TMEP Section 1201.07 and there is unity of control, such that the goods emanate from a single
source and consumers are thus not likely to be confused as to source. The propriety of registration is further evidenced by the coexistence of the cited CLEARASIL marks owned by Reckitt
Benckiser (Overseas) Limited and other CLEARASIL marks owned the by application, which are the subject of a claim of prior ownership in this response.
For the same reason, the cited prior pending applications owned by Reckitt Benckiser (Overseas) Limited should not be deemed obstacles to the applied-for mark, even if they proceed to
registration.
For the foregoing reasons, applicant respectfully submits that the mark should be accepted for publication.
|
| ADDITIONAL STATEMENTS SECTION |
| ACTIVE PRIOR REGISTRATION(S) |
The applicant claims ownership of U.S. Registration Number(s) 3068968, 3621076, and 2710837. |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/mark lerner/ |
| SIGNATORY'S NAME |
Mark Lerner |
| SIGNATORY'S POSITION |
Attorney of record, New York bar member |
| SIGNATORY'S PHONE NUMBER |
212-404-8714 |
| DATE SIGNED |
08/02/2012 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Thu Aug 02 14:14:53 EDT 2012 |
| TEAS STAMP |
USPTO/ROA-XX.X.XX.XX-2012
0802141453171201-85594648
-490ffa6a7ee8d4eebdda4a97
040c78b5829-N/A-N/A-20120
802140515931530 |
| 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.
85594648 CLEARASIL ULTRA(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85594648) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
The examining attorney has cited Registration Nos. 3895971 and 3745064 as obstacles to registration of the applied-for mark. Applicant submits that the owner of these marks, Reckitt Benckiser
(Overseas) Limited is a related company under TMEP Section 1201.07 and there is unity of control, such that the goods emanate from a single source and consumers are thus not likely to be confused as
to source. The propriety of registration is further evidenced by the coexistence of the cited CLEARASIL marks owned by Reckitt Benckiser (Overseas) Limited and other CLEARASIL marks owned the
by application, which are the subject of a claim of prior ownership in this response.
For the same reason, the cited prior pending applications owned by Reckitt Benckiser (Overseas) Limited should not be deemed obstacles to the applied-for mark, even if they proceed to
registration.
For the foregoing reasons, applicant respectfully submits that the mark should be accepted for publication.
ADDITIONAL STATEMENTS
Claim of Active Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 3068968, 3621076, and 2710837.
SIGNATURE(S)
Response Signature
Signature: /mark lerner/ Date: 08/02/2012
Signatory's Name: Mark Lerner
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 212-404-8714
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: 85594648
Internet Transmission Date: Thu Aug 02 14:14:53 EDT 2012
TEAS Stamp: USPTO/ROA-XX.X.XX.XX-2012080214145317120
1-85594648-490ffa6a7ee8d4eebdda4a97040c7
8b5829-N/A-N/A-20120802140515931530