| 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) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 86639339 |
| LAW OFFICE ASSIGNED | LAW OFFICE 111 |
| MARK SECTION | |
| MARK FILE NAME | http://tmng-al.gov.uspto.report/resting2/api/img/86639339/large |
| LITERAL ELEMENT | SWIRL |
| STANDARD CHARACTERS | NO |
| USPTO-GENERATED IMAGE | NO |
| COLOR(S) CLAIMED (If applicable) |
The color(s) black, orange, and yellow is/are claimed as a feature of the mark. |
| DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of the stylized wording SWIRL in orange and yellow on a black background. |
| ARGUMENT(S) | |
|
In response to the descriptiveness refusal under Section 2(e)(1), Applicant notes that it has filed a Statement of Use for this application and hereby amends this application to seek registration on the Supplemental Register. Applicant submits that such an amendment is acceptable and sufficient to overcome the refusal. See TMEP Section 816.04 (In an application under §1 or §44 of the Trademark Act, the applicant may amend to the Supplemental Register after a refusal to register on the Principal Register, including a final refusal. If the final refusal was under §2(e)(1), §2(e)(2), or §2(e)(4) of the Trademark Act, 15 U.S.C. §§1052(e)(1), 1052(e)(2), or 1052(e)(4), or on grounds pertaining to other non-inherently distinctive subject matter, amendment to the Supplemental Register is procedurally an acceptable response. See 37 C.F.R. §2.75.) |
|
| ADDITIONAL STATEMENTS SECTION | |
| SUPPLEMENTAL REGISTER | The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register'). NOTE: The applicant has separately filed an Allegation of Use, to change the basis of this application from Section 1(b), intent-to-use, to Section 1(a), use in commerce. |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Andrew Roppel/ |
| SIGNATORY'S NAME | Andrew Roppel |
| SIGNATORY'S POSITION | Attorney for Applicant, Colorado bar member |
| SIGNATORY'S PHONE NUMBER | 303-473-2709 |
| DATE SIGNED | 02/10/2016 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Feb 10 17:51:33 EST 2016 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XXX.XX-2 0160210175133483567-86639 339-550dfc9b1a0e4ee4cc903 3704d9e2080477cc9d2dd7784 352033c85c908638a7c8-N/A- N/A-20160210174708534737 |
| 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) |
In response to the descriptiveness refusal under Section 2(e)(1), Applicant notes that it has filed a Statement of Use for this application and hereby amends this application to seek registration on the Supplemental Register. Applicant submits that such an amendment is acceptable and sufficient to overcome the refusal. See TMEP Section 816.04 (In an application under §1 or §44 of the Trademark Act, the applicant may amend to the Supplemental Register after a refusal to register on the Principal Register, including a final refusal. If the final refusal was under §2(e)(1), §2(e)(2), or §2(e)(4) of the Trademark Act, 15 U.S.C. §§1052(e)(1), 1052(e)(2), or 1052(e)(4), or on grounds pertaining to other non-inherently distinctive subject matter, amendment to the Supplemental Register is procedurally an acceptable response. See 37 C.F.R. §2.75.)