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 09/20/2020)

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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 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87216600 STEALTH (Stylized and/or with Design, see http://uspto.report/TM/87216600/mark.png) has been amended as follows:

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

The examiner refused the registration on the basis of the specimen being unacceptable. Applicant disagrees. The examiner's grounds are as follows: "In this case, the specimen does not include a direct way of ordering the goods in that there is no pricing information, any clear direct way order the goods or instructions on how to place an order or an offer to accept orders. " However, the specimen does show a way to order the product. There is a "Contact US" button that allows one to submit email and phone number to be contacted about ordering and pricing. Further, a contact page has hours, address, phone and fax to get in touch with a fully staffed customer service department to take orders and give out pricing. The statement in the office action that the specimen needs to show "a way of ordering the goods (e.g., a ?shop online? or ?shopping cart? button or link, an order form, or a telephone number for placing orders)." is completely out of touch with the way this type of product can be sold and is sold. Applicants sell to large scale facilities that require custom pricing and quantities. Therefore, the "contact us" approach is the best way to operate in commerce. Lastly, other acceptable specimens of websites list products and phone numbers to call about ordering product is pervasive among registered trademarks at the USPTO. Applicant requests that this refusal be reconsidered in light of the above argument. Respectfully, Michael Eisenberg Attorney for applicant

SIGNATURE(S)
Response Signature
Signature: /Michael Eisenberg/     Date: 01/05/2018
Signatory's Name: Michael Eisenberg
Signatory's Position: attorney of record, Ca bar member

Signatory's Phone Number: 8588120820

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: 87216600
Internet Transmission Date: Fri Jan 05 19:40:58 EST 2018
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20180105194058789
548-87216600-510d995df90975381197831b455
5266cc5bf6cf8ff92ae7b8a9d28999926d2ead-N
/A-N/A-20180105193001524287