| 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 |
86338228 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 116 |
| MARK SECTION |
| MARK |
http://uspto.report/TM/86338228/mark.png |
| LITERAL ELEMENT |
PATHFINDER |
| 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) |
| Applicant disputes the Examining Attorney’s determination in that the photograph of the bicycle described as the Titan
Pathfinder Men’s 10-speed All Terrain Mountain Bike and shown on the Amazon.com webpage offering the bike for sale clearly shows the Mark “PATHFINDER” separate from the term “TITAN” on both the upper
frame strut between the seat and the fork, as well as on the frame support between the seat and the rear wheel hub. An enlargement of the photograph of the bike shown
on the Amazon.com webpage is attached which photograph displays the PATHFINDER mark in the exact locations described, and separate from the term TITAN. The same is
true for the photograph of the same bike taken from the Applicant’s own website, from the Overstock.com webpage, and from the WALMART webpage, all furnished as part of the originally filed
Specimen of Use. Hence, the Mark PATHFINDER is shown in a photograph of the goods showing exactly how and where the mark is affixed to
those goods such that a substitute Specimen is not required. Therefore, it is respectfully requested that the present
refusal to register the Mark be withdrawn based upon the evidence presented. |
| EVIDENCE SECTION |
EVIDENCE
FILE NAME(S) |
\\TICRS\EXPORT16\IMAGEOUT 16\863\382\86338228\xml5\ ROA0002.JPG |
| DESCRIPTION OF EVIDENCE FILE |
Enlarged photograph from Amazon.com webpage offering bike with Mark displayed for sale. |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Sanford J Piltch/ |
| SIGNATORY'S NAME |
Sanford J. Piltch, Esq. |
| SIGNATORY'S POSITION |
Attorney of Record, PA Bar Member |
| SIGNATORY'S PHONE NUMBER |
610-433-6266 |
| DATE SIGNED |
12/16/2014 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Tue Dec 16 16:20:04 EST 2014 |
| TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.XXX
-20141216162004033630-863
38228-500b91f38b4a71aca51
b77f1e71529c91afc21417997
61a9fdb45cac873dc5456-N/A
-N/A-20141216160519067624 |
| 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.
86338228 PATHFINDER(Standard Characters, see http://uspto.report/TM/86338228/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant disputes the Examining Attorney’s determination in that the photograph of the bicycle described as the Titan Pathfinder Men’s 10-speed All Terrain Mountain Bike and
shown on the Amazon.com webpage offering the bike for sale clearly shows the Mark “PATHFINDER” separate from the term “TITAN” on both the upper frame strut between the seat and the fork, as well as
on the frame support between the seat and the rear wheel hub. An enlargement of the photograph of the bike shown on the Amazon.com webpage is attached which
photograph displays the PATHFINDER mark in the exact locations described, and separate from the term TITAN. The same is true for the photograph of the same bike taken
from the Applicant’s own website, from the Overstock.com webpage, and from the WALMART webpage, all furnished as part of the originally filed Specimen of Use. Hence, the Mark PATHFINDER is shown in a photograph of the goods showing exactly how and where the mark is affixed to those goods such that a substitute
Specimen is not required. Therefore, it is respectfully requested that the present refusal to register the Mark be withdrawn based upon the
evidence presented.
EVIDENCE
Evidence in the nature of Enlarged photograph from Amazon.com webpage offering bike with Mark displayed for sale. has been attached.
Evidence-1
SIGNATURE(S)
Response Signature
Signature: /Sanford J Piltch/ Date: 12/16/2014
Signatory's Name: Sanford J. Piltch, Esq.
Signatory's Position: Attorney of Record, PA Bar Member
Signatory's Phone Number: 610-433-6266
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: 86338228
Internet Transmission Date: Tue Dec 16 16:20:04 EST 2014
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20141216162004
033630-86338228-500b91f38b4a71aca51b77f1
e71529c91afc2141799761a9fdb45cac873dc545
6-N/A-N/A-20141216160519067624
