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 |
86588916 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 101 |
| MARK SECTION |
| MARK |
http://tmng-al.gov.uspto.report/resting2/api/img/86588916/large |
| LITERAL ELEMENT |
SKY |
| 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) |
| The Examining Attorney has argued there is a likelihood of confusion between Applicant?s mark, SKY, and a prior registration for Sky Silver.
Applicant respectfully disagrees that there is any likelihood of confusion between the marks. The Sky Silver mark when taken as a whole gives a distinct overall impression compared to sky alone. One
is not associated or assumed to be associated with the other. The Sky Silver mark gives the impression of the silver in the sky, for example, the silver color of the sky at certain times and during
certain days. As a whole, the mark gives a completely different impression to potential consumers of the services than ?sky? alone. In fact, a Google? search of sky silver results in references to
silver jewelry that is ?sky silver,? images of the sky with a silver color, a town in the UK with the name, and to an entertainer with a silver face who goes by the name of Sky Silver. In fact, the
owner of the Sky Silver mark appears to be affiliated with this silver faced entertainer. In short, the combination of sky silver gives a very unique impression to consumers, which is quite different
and distinct from the mark ?sky? by itself. Furthermore, it is worth noting that are literally hundreds of trademarks with the word ?sky? prominently used as part of the mark. Class 35 alone has more
than 700 marks that have the word sky as part of the marks. All of that is to say that in view of the crowded field, in addition to the above comments regarding the overall impression of sky silver,
there is little likelihood of confusion. For at least these reasons, Applicant respectfully requests withdrawal of this rejection, and that the application be permitted to proceed to
publication. |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Robert L Dahey/ |
| SIGNATORY'S NAME |
Robert L Dahey |
| SIGNATORY'S POSITION |
Owner |
| SIGNATORY'S PHONE NUMBER |
626-475-9477 |
| DATE SIGNED |
01/14/2016 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Thu Jan 14 14:37:00 EST 2016 |
| TEAS STAMP |
USPTO/ROA-XX.XX.XX.XXX-20
160114143700787320-865889
16-55034cf5a477105b1b60bc
05146aae91ceb153d1f11fcac
5b3d3ce4aa425b95bb-N/A-N/
A-20160114142137952543 |
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.
86588916 SKY(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86588916/large) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
The Examining Attorney has argued there is a likelihood of confusion between Applicant?s mark, SKY, and a prior registration for Sky Silver. Applicant respectfully disagrees that there is any
likelihood of confusion between the marks. The Sky Silver mark when taken as a whole gives a distinct overall impression compared to sky alone. One is not associated or assumed to be associated with
the other. The Sky Silver mark gives the impression of the silver in the sky, for example, the silver color of the sky at certain times and during certain days. As a whole, the mark gives a
completely different impression to potential consumers of the services than ?sky? alone. In fact, a Google? search of sky silver results in references to silver jewelry that is ?sky silver,? images
of the sky with a silver color, a town in the UK with the name, and to an entertainer with a silver face who goes by the name of Sky Silver. In fact, the owner of the Sky Silver mark appears to be
affiliated with this silver faced entertainer. In short, the combination of sky silver gives a very unique impression to consumers, which is quite different and distinct from the mark ?sky? by
itself. Furthermore, it is worth noting that are literally hundreds of trademarks with the word ?sky? prominently used as part of the mark. Class 35 alone has more than 700 marks that have the word
sky as part of the marks. All of that is to say that in view of the crowded field, in addition to the above comments regarding the overall impression of sky silver, there is little likelihood of
confusion. For at least these reasons, Applicant respectfully requests withdrawal of this rejection, and that the application be permitted to proceed to publication.
SIGNATURE(S)
Response Signature
Signature: /Robert L Dahey/ Date: 01/14/2016
Signatory's Name: Robert L Dahey
Signatory's Position: Owner
Signatory's Phone Number: 626-475-9477
The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal
authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power
of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.
Serial Number: 86588916
Internet Transmission Date: Thu Jan 14 14:37:00 EST 2016
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20160114143700787
320-86588916-55034cf5a477105b1b60bc05146
aae91ceb153d1f11fcac5b3d3ce4aa425b95bb-N
/A-N/A-20160114142137952543