TEAS Request Reconsideration after FOA

PTO Form 1960 (Rev 9/2007)

OMB No. 0651-0050 (Exp. 07/31/2017)

---

PTO Form 1960 (Rev 9/2007)

OMB No. 0651-0050 (Exp. 07/31/2017)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 86029226 SURROUND VISION(Standard Characters, see http://uspto.report/TM/86029226/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

 

In re Application of Mascotte Holdings, Inc.       SURROUND VISION Serial No. 86/029,226

Caryn Glasser, Esq. Examining Attorney Law Office 108

 

Commissioner of Trademarks

P.O. Box 1451

Alexandria, VA 22313-1451

 

OFFICE ACTION RESPONSE

 

                        In response to the final office action issued on October 14, 2014 (the “Final Office Action”), Mascotte Holdings, Inc. (“Applicant”) respectfully requests reconsideration of the above-referenced serial number (the “Application”) for the mark SURROUND VISION (the “Mark”) in cls. 9, 28 and 41 in view of the following Amendment and Remarks.

AMENDMENT

Please amend, without prejudice, the identification of record by inserting in its place the following revised description:

--“Home theater and entertainment systems comprised of projection screens, video monitors, video projectors, sound projectors and amplifiers, computer CPUs, audio amplifiers, audio speakers; sound systems comprised of sound projectors and amplifiers, computer CPUs, audio amplifiers, audio speakers; projection screens; electronics and related accessories, namely, projection screens, video monitors, video projectors, sound projectors and amplifiers, computer CPUs, audio amplifiers, audio speakers; computer hardware and software for processing video images and sound and projecting video images and sound” in cl. 9;

 

“Home video game consoles used with an external display screen, namely, televisions and theater system display screens or monitors, and arcade-based video game consoles and parts and fittings therefor, namely, face plates, bags and fitted plastic films known as skins specially adapted for video game consoles” in cl. 28; and

 

“Cinema theater facilities; cinema theaters; providing facilities for movies; movie theaters; movie showing; arranging, conducting and organizing exhibition of movies and shows for entertainment purposes” in cl. 41.--

 

REMARKS

Pursuant to the Office Action, the Examining Attorney has continued her refusal to register the Mark on the Principal Register on the ground that SURROUND VISION is “merely descriptive” of Applicant’s goods and services.

                        While Applicant disagrees with the Examiner’s finding, in an effort to expedite prosecution of its Application, Applicant has elected to amend its Application, without prejudice, by deleting classes 9 and 28 from the Application and seeking registration on the Supplemental Register.  In order to qualify for such an amendment, Applicant has filed an Amendment to Allege Use (hereinafter “AAU”) with accompanying specimens on April 14 2015.  For the Examining Attorney’s convenient reference, a copy of the USPTO filing receipt is attached hereto. 

CONCLUSION

In view of submission of the aforesaid Amendment and Remarks responsive to the issues raised in the Office Action, Applicant believes that the instant Application is now in condition for publication.  Favorable action is therefore solicited.

Should there be any remaining questions or comments, or if there are any additional issues that can be resolved through an Examiner’s Amendment, the Examining Attorney is encouraged to telephone the undersigned at the below-referenced number.

 

Dated: April 14, 2015

 

Respectfully submitted,   PRYOR CASHMAN LLP     By:      _/mhuq/_________ Teresa Lee Muzamil A. Huq 7 Times Square New York, New York 10036-2787 (212) 326-0809           mhuq@pryorcashman.com

 

EVIDENCE
Evidence in the nature of AAU filing receipt has been attached.
Original PDF file:
evi_389416710-20150414191252792158_._86029226_AAU_Filing_Receipt.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 009 for Home theater and entertainment systems comprised of projection screens, video monitors, video projectors, sound projectors and amplifiers, computer CPUs, audio amplifiers, audio speakers; sound systems comprised of sound projectors and amplifiers, computer CPUs, audio amplifiers, audio speakers; projection screens; electronics and related accessories, namely, projection screens, video monitors, video projectors, sound projectors and amplifiers, computer CPUs, audio amplifiers, audio speakers; computer hardware and software for processing video images and sound and projecting video images and sound

Applicant hereby deletes the following class of goods/services from the application.
Class 028 for Home video game consoles used with an external display screen, namely, televisions and theater system display screens or monitors, and arcade-based video game consoles and parts and fittings therefor, namely, face plates, bags and fitted plastic films known as skins specially adapted for video game consoles

ADDITIONAL STATEMENTS
Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register'). NOTE: The applicant has separately filed an Allegation of Use, to change the basis of this application from Section 1(b), intent-to-use, to Section 1(a), use in commerce.


SIGNATURE(S)
Request for Reconsideration Signature
Signature: /mhuq/     Date: 04/14/2015
Signatory's Name: Muzamil Huq
Signatory's Position: Attorney of record, New York Bar Member

Signatory's Phone Number: 212-326-0809

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.

The applicant is filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 86029226
Internet Transmission Date: Tue Apr 14 19:56:52 EDT 2015
TEAS Stamp: USPTO/RFR-XX.XX.XXX.XX-20150414195652495
701-86029226-530807c4bd1f73c67d34b99b5bb
641a11dccbef45d8b01e06b95e13a32deb4107f-
N/A-N/A-20150414191252792158