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 |
85633650 |
LAW OFFICE ASSIGNED |
LAW OFFICE 114 |
MARK SECTION |
MARK |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85633650 |
LITERAL ELEMENT |
BOOMERANG |
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) |
Registration was refused for failure of the web page specimen to show trademark use because it failed to include ordering information. In response,
applicant has submitted as substitute specimens the entire series of 4 consecutive web pages that allow a consumer to complete an on line purchase of goods associated with the mark. The previously
submitted specimen was the first page in that series, and, in connection with the 3 pages that follow, it can be seen that the series of pages show (1) a picture of the relevant goods, i.e. a book
stand, (2) the mark "Boomerang" appearing near the picture of the goods, and (3) information necessary to order the goods. The Examiner is respectfully invited to visit these web pages online at
www.jackknifeeasel.com/#!store/vstc1=cook- book-stand to confirm that they do, indeed consecutively link to one another in an ordering sequence by (a) clicking on the "Boomerang Book Stand" picture
on the first page, (b) clicking "ADD TO CART" on the second page, (c) clicking the yellow "Cart: 1" icon on the second page, (d) clicking the "Checkout" icon on the third page, and (e) completing the
order using a PayPal account on the fourth page. In view of this evidence of use in commerce, applicant respectfully requests withdrawal of the refusal, and approval of this application for
registration as a trademark. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
020 |
DESCRIPTION |
Book stands |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 05/05/2012 |
FIRST USE IN COMMERCE DATE |
At least as early as 05/05/2012 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
020 |
DESCRIPTION |
Book stands |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 05/05/2012 |
FIRST USE IN COMMERCE DATE |
At least as early as 05/05/2012 |
STATEMENT TYPE |
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing
date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in
commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b)
Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an
illegible specimen]. |
SPECIMEN
FILE NAME(S) |
\\TICRS\EXPORT16\IMAGEOUT 16\856\336\85633650\xml4\ ROA0002.JPG |
|
\\TICRS\EXPORT16\IMAGEOUT 16\856\336\85633650\xml4\ ROA0003.JPG |
|
\\TICRS\EXPORT16\IMAGEOUT 16\856\336\85633650\xml4\ ROA0004.JPG |
|
\\TICRS\EXPORT16\IMAGEOUT 16\856\336\85633650\xml4\ ROA0005.JPG |
SPECIMEN DESCRIPTION |
a series of 4 consecutive web pages (available at www.jackknifeeasel.com/#!store/vstc1=cook-book-stand) that advertise goods associated with
the mark and provide information necessary to order the goods. |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Sean D. Burdick/ |
SIGNATORY'S NAME |
Sean D. Burdick |
SIGNATORY'S POSITION |
Attorney of record, California bar member |
SIGNATORY'S PHONE NUMBER |
9493656722 |
DATE SIGNED |
03/12/2013 |
RESPONSE SIGNATURE |
/Sean D. Burdick/ |
SIGNATORY'S NAME |
Sean D. Burdick |
SIGNATORY'S POSITION |
Attorney of record, California bar member |
SIGNATORY'S PHONE NUMBER |
9493656722 |
DATE SIGNED |
03/12/2013 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Mar 12 19:01:30 EDT 2013 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XXX-2
0130312190130968140-85633
650-5002b2a9f95d771a93651
cdd443e97d35e669cb671847e
d32d89e47dea547b7-N/A-N/A
-20130312183307920948 |
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.
85633650 BOOMERANG(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85633650) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Registration was refused for failure of the web page specimen to show trademark use because it failed to include ordering information. In response, applicant has submitted as substitute specimens the
entire series of 4 consecutive web pages that allow a consumer to complete an on line purchase of goods associated with the mark. The previously submitted specimen was the first page in that series,
and, in connection with the 3 pages that follow, it can be seen that the series of pages show (1) a picture of the relevant goods, i.e. a book stand, (2) the mark "Boomerang" appearing near the
picture of the goods, and (3) information necessary to order the goods. The Examiner is respectfully invited to visit these web pages online at www.jackknifeeasel.com/#!store/vstc1=cook- book-stand
to confirm that they do, indeed consecutively link to one another in an ordering sequence by (a) clicking on the "Boomerang Book Stand" picture on the first page, (b) clicking "ADD TO CART" on the
second page, (c) clicking the yellow "Cart: 1" icon on the second page, (d) clicking the "Checkout" icon on the third page, and (e) completing the order using a PayPal account on the fourth page. In
view of this evidence of use in commerce, applicant respectfully requests withdrawal of the refusal, and approval of this application for registration as a trademark.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for Book stands
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/05/2012 and first used in commerce at least as early as 05/05/2012 , and
is now in use in such commerce.
Proposed: Class 020 for Book stands
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/05/2012 and first used in commerce at least as early as 05/05/2012 , and
is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 020 . The specimen(s) submitted consists of a series of 4 consecutive web pages (available at
www.jackknifeeasel.com/#!store/vstc1=cook-book-stand) that advertise goods associated with the mark and provide information necessary to order the goods. .
"
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based
on Section 1(a), Use in Commerce] OR "
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to
Allege Use or expiration of the filing deadline for filing a Statement of Use"
[for an application based on Section 1(b) Intent-to-Use].
OR "The attached specimen is a true copy
of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Specimen File1
Specimen File2
Specimen File3
Specimen File4
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: /Sean D. Burdick/ Date: 03/12/2013
Signatory's Name: Sean D. Burdick
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 9493656722
Response Signature
Signature: /Sean D. Burdick/ Date: 03/12/2013
Signatory's Name: Sean D. Burdick
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 9493656722
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: 85633650
Internet Transmission Date: Tue Mar 12 19:01:30 EDT 2013
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2013031219013096
8140-85633650-5002b2a9f95d771a93651cdd44
3e97d35e669cb671847ed32d89e47dea547b7-N/
A-N/A-20130312183307920948