Response to Office Action

PTO Form 1957 (Rev 9/2005)

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

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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. 86133857 SPANGLE(Standard Characters, see http://uspto.report/TM/86133857/mark.png) has been amended as follows:

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

REMARKS:

In response to the Office Action of Feb. 19, 2014, refusing registration of the present mark on the grounds that the mark is deemed to be "merely descriptive" of the goods, Applicant traverses the refusal, and requests reconsideration.

The Office Action mistakenly asserts that this application was based on intent to use the mark under Sec. 1(b) of the Trademark Act, but rather the application is based on actual use under Sec. 1(a) of the Act.  Applicant submits herewith a claim of acquired distinctiveness based upon applicant's continuous use of the mark for at least the last five years.  Applicant has accordingly amended this application to base registration on Sec. 2(f) of the Trademark Act.

It is submitted that the refusal of registration is accordingly overcome.  Favorable reconsideration and passage to publication are respectfully requested.

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.


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: /Halit Ozbelli/      Date: 03/19/2014
Signatory's Name: Halit Ozbelli
Signatory's Position: President

Response Signature
Signature: /Karl S. Sawyer, Jr./     Date: 03/19/2014
Signatory's Name: Karl S. Sawyer, Jr.
Signatory's Position: Attorney of Record

Signatory's Phone Number: 704-331-5792

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: 86133857
Internet Transmission Date: Wed Mar 19 11:22:36 EDT 2014
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.X-20140319112236471
850-86133857-500e7f37cb7929a98a973f116f9
34ab59a9fbcd5a7aea3df6234ae366fb2045ce9e
-N/A-N/A-20140318150547497080