| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 07/31/2017) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 85595717 |
| LAW OFFICE ASSIGNED | LAW OFFICE 109 |
| MARK SECTION | |
| MARK | http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85595717 |
| LITERAL ELEMENT | GREEN MACHINE |
| 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 Examiner has requested a disclaimer of the term "GREEN" in Applicant's GREEN MACHINE mark, based on the presumption that the Applicant's goods are green in color, and thus the color is a characteristic of Applicant's goods. While it is true that Applicant does sell a green-colored Green Machine toy vehicle, green is not the only color in which Applicant makes or sells the product. I am attaching for the Examiner's reference a representative sampling of the Green Machine product line, showing that the product has been and continues to be sold in colors other than green, including black, pink, and blue, as well as multiple different hues of green. Additionally, Applicant owns U.S. Registration No. 2,748,984 for the GREEN MACHINE mark, which does not contain a disclaimer of the term "GREEN", nor was a disclaimer required in that case. A copy of the '984 registration is attached to this response for the Examiner's reference. For these reasons, Applicant cannot accept the disclaimer requirement, and requests that the Examiner withdraw the disclaimer requirement based on the information presented herein. |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME(S) | |
| ORIGINAL PDF FILE | evi_21613612218-140524574_._GREEN_MACHINE_Product.pdf |
| CONVERTED PDF FILE(S) (3 pages) |
\\TICRS\EXPORT16\IMAGEOUT16\855\957\85595717\xml3\ROA0002.JPG |
| \\TICRS\EXPORT16\IMAGEOUT16\855\957\85595717\xml3\ROA0003.JPG | |
| \\TICRS\EXPORT16\IMAGEOUT16\855\957\85595717\xml3\ROA0004.JPG | |
| ORIGINAL PDF FILE | evi_21613612218-103747457_._Registration_No._2748984.pdf |
| CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT16\IMAGEOUT16\855\957\85595717\xml3\ROA0005.JPG |
| DESCRIPTION OF EVIDENCE FILE | Photographs depicting samples of Applicant's GREEN MACHINE product line; Copy of U.S. Registration No. 2,748,984. |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Kathryn E. Smith/ |
| SIGNATORY'S NAME | Kathryn E. Smith |
| SIGNATORY'S POSITION | Attorney of Record, Ohio Bar Member |
| SIGNATORY'S PHONE NUMBER | (513) 241-2324 |
| DATE SIGNED | 08/15/2012 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Aug 15 14:11:12 EDT 2012 |
| TEAS STAMP | USPTO/ROA-XXX.XXX.XXX.XX- 20120815141112412284-8559 5717-490bdccaa1e60adf12bd 95ff24f487daf87-N/A-N/A-2 0120815140232298932 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 07/31/2017) |
The Examiner has requested a disclaimer of the term "GREEN" in Applicant's GREEN MACHINE mark, based on the presumption that the Applicant's goods are green in color, and thus the color is a characteristic of Applicant's goods. While it is true that Applicant does sell a green-colored Green Machine toy vehicle, green is not the only color in which Applicant makes or sells the product. I am attaching for the Examiner's reference a representative sampling of the Green Machine product line, showing that the product has been and continues to be sold in colors other than green, including black, pink, and blue, as well as multiple different hues of green.
Additionally, Applicant owns U.S. Registration No. 2,748,984 for the GREEN MACHINE mark, which does not contain a disclaimer of the term "GREEN", nor was a disclaimer required in that case. A copy of the '984 registration is attached to this response for the Examiner's reference.
For these reasons, Applicant cannot accept the disclaimer requirement, and requests that the Examiner withdraw the disclaimer requirement based on the information presented herein.
