Response to Office Action

BLACK BOX

Ultra Pro International, LLC

Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
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 86583616
LAW OFFICE ASSIGNED LAW OFFICE 107
MARK SECTION
MARK http://tmng-al.gov.uspto.report/resting2/api/img/86583616/large
LITERAL ELEMENT BLACK BOX
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)
Examiner has asserted that "BLACK BOX" is merely descriptive and therefore unregistrable. Applicant respectfully disagrees with Examiner's assumptions. In Examiner's Office Action, dated June 23, 2015, Examiner stated "Applicant?s holders and safes will presumably be dark and box shaped." Examiner is mistaken. The goods associated with the Mark will not be black, therefore the Mark is not descriptive. Applicant has disclaimed "BOX" as advised to ensure it is not presumptively barred.
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use BOX apart from the mark as shown.
SIGNATURE SECTION
RESPONSE SIGNATURE /Rishi Nair/
SIGNATORY'S NAME Rishi Nair, Esq.
SIGNATORY'S POSITION Attorney of record, Keener & Associates, P.C., IL bar member
SIGNATORY'S PHONE NUMBER 3123751573
DATE SIGNED 12/20/2015
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Sun Dec 20 20:55:31 EST 2015
TEAS STAMP USPTO/ROA-XX.XXX.XX.XXX-2
0151220205531942616-86583
616-550b5842e1b93a26734d0
144fb9b4f7befecf37cf636d1
7b4f6c5cb896a7278b-N/A-N/
A-20151220204712187300



Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 07/31/2017)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 86583616 BLACK BOX(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86583616/large) has been amended as follows:

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

Examiner has asserted that "BLACK BOX" is merely descriptive and therefore unregistrable. Applicant respectfully disagrees with Examiner's assumptions. In Examiner's Office Action, dated June 23, 2015, Examiner stated "Applicant?s holders and safes will presumably be dark and box shaped." Examiner is mistaken. The goods associated with the Mark will not be black, therefore the Mark is not descriptive. Applicant has disclaimed "BOX" as advised to ensure it is not presumptively barred.

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


SIGNATURE(S)
Response Signature
Signature: /Rishi Nair/     Date: 12/20/2015
Signatory's Name: Rishi Nair, Esq.
Signatory's Position: Attorney of record, Keener & Associates, P.C., IL bar member

Signatory's Phone Number: 3123751573

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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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: 86583616
Internet Transmission Date: Sun Dec 20 20:55:31 EST 2015
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2015122020553194
2616-86583616-550b5842e1b93a26734d0144fb
9b4f7befecf37cf636d17b4f6c5cb896a7278b-N
/A-N/A-20151220204712187300



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