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. 86142914 IEG SPONSORSHIP REPORT(Standard Characters, see http://uspto.report/TM/86142914/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 & TRADEMARK OFFICE

 

Mark:              IEG SPONSORSHIP REPORT

Serial No.:      86142914

Filed:              December 13, 2013

Applicant:       IEG, LLC

RESPONSE

This is in response to the Office Action dated October 6, 2014 and the Examining Attorney’s subsequent voice mail message to the undersigned of February 23, 2015.

Section 2(f) Claim

            In response to the disclaimer request for “SPONSORSHIP REPORT”, Applicant requests amendment to claim acquired distinctiveness under Section 2(f) based use of “SPONSORSHIP REPORT” for more than five years.

Disclaimer

Applicant requests that the following disclaimer be made of record:

“No claim is made to the exclusive right to use “REPORT” apart from the mark as shown.”

Applicant therefore requests that the mark be approved for publication.

                                                                        Respectfully submitted,

                                                                        Davis & Gilbert LLP

Dated:  March 5, 2015                                                By: ___/Jeffrey C. Katz/_

                                                                                                Jeffrey C. Katz

                                                                                    1740 Broadway

                                                                                    New York, New York 10019

                                                                                    (212) 468-4800

                                                                                    jkatz@dglaw.com (authorized)

                                                                                    Attorneys for Applicant

                                                                                    New York Bar Member

           

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "REPORT" apart from the mark as shown.


SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Five or More Years' Use
"SPONSORSHIP REPORT" 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
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Response Signature
Signature: /Jeffrey C. Katz/     Date: 03/05/2015
Signatory's Name: Jeffrey C. Katz
Signatory's Position: Attorneys for Applicant, NY Bar Member

Signatory's Phone Number: (212) 468-4800

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: 86142914
Internet Transmission Date: Thu Mar 05 17:26:36 EST 2015
TEAS Stamp: USPTO/ROA-XX.XXX.X.XXX-20150305172636881
238-86142914-530fd1b87d629247a803ab49433
ffddcdad5cfe9169e867e7cde0ae5a39caf7f0-N
/A-N/A-20150305172059823125