| 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 | 87249289 |
| LAW OFFICE ASSIGNED | LAW OFFICE 106 |
| MARK SECTION | |
| MARK | http://uspto.report/TM/87249289/mark.png |
| LITERAL ELEMENT | OUTBACK OX TOOLS |
| 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) | |
|
REMARKS
As requested by the Trademark Attorney, applicant has amended the application to disclaim the exclusive right to use the word “tools” apart from the mark as shown. Applicant recognizes that the Trademark Attorney has noted the existence of pending Trademark Application Nos. 87/086,723 for the mark OUTBACK OX TOOLS and 87/203,702 for the mark MIGHTY OX and Design, and has stated that that the marks covered by these applications may create a likelihood of confusion with the mark which applicant seeks to register herein. Applicant notes that Trademark Application No. 87/086,723 has been abandoned. Accordingly, such application can no longer become an impediment to the registration of the mark herein. With respect to Application No. 87/203,702 for MIGHTY OX and Design, applicant believes, at least by virtue of the differences in the overall sound, meaning and appearance of the marks, that the cited mark would not present an obstacle to registration of applicant’s mark. However, if the pending application should mature into a registration, and if the Trademark Attorney should, on further consideration, use the mark in that registration as grounds for rejecting the present application, applicant will address such objection at that time. In response to the Trademark Attorney’s request for information, applicant can advise the Trademark Attorney that the goods that are the subject of the present application are to be manufactured in India. Applicant is unsure of the geographic location in the mark being referred to by the Trademark Attorney. As described in Wikipedia, the term “Outback” refers to “the vast, remote interior of Australia” that geographically “is unified by a combination of factors, most notably a low human population density, a largely intact, natural environment and, in many places, low‑intensity land uses.” The term “Outback” is therefore an amorphous concept with undefined boundaries. Nonetheless, applicant can advise that the subject goods are not and will not be manufactured, packaged, shipped from or sold in the Outback. There being no further outstanding issues in the present application, the application is now thought to be in the proper condition for allowance. Accordingly, a speedy publication from the Trademark Attorney is urged. If the Trademark Attorney has any questions in connection with this response, she is encouraged to contact applicant’s counsel by telephone. No fee is believed necessary for this response. However, if the Trademark Attorney believes a fee is due, authorization is hereby given to charge same to Deposit Account No. 12-1095. |
|
| ADDITIONAL STATEMENTS SECTION | |
| DISCLAIMER | No claim is made to the exclusive right to use TOOLS apart from the mark as shown. |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Robert Cohen/ |
| SIGNATORY'S NAME | Robert B. Cohen |
| SIGNATORY'S POSITION | Attorney of Record, NJ Bar Member |
| SIGNATORY'S PHONE NUMBER | (908) 654-5000 |
| DATE SIGNED | 08/28/2017 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Mon Aug 28 12:20:59 EDT 2017 |
| TEAS STAMP | USPTO/ROA-XXX.XXX.XX.XXX- 20170828122059114206-8724 9289-510daed1d7aae1f743b6 d34c31ff9e13fedd08d21ba43 68673cead96d706d83ead9-N/ A-N/A-2017082812054449376 4 |
| 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) |
REMARKS
As requested by the Trademark Attorney, applicant has amended the application to disclaim the exclusive right to use the word “tools” apart from the mark as shown.
Applicant recognizes that the Trademark Attorney has noted the existence of pending Trademark Application Nos. 87/086,723 for the mark OUTBACK OX TOOLS and 87/203,702 for the mark MIGHTY OX and Design, and has stated that that the marks covered by these applications may create a likelihood of confusion with the mark which applicant seeks to register herein. Applicant notes that Trademark Application No. 87/086,723 has been abandoned. Accordingly, such application can no longer become an impediment to the registration of the mark herein. With respect to Application No. 87/203,702 for MIGHTY OX and Design, applicant believes, at least by virtue of the differences in the overall sound, meaning and appearance of the marks, that the cited mark would not present an obstacle to registration of applicant’s mark. However, if the pending application should mature into a registration, and if the Trademark Attorney should, on further consideration, use the mark in that registration as grounds for rejecting the present application, applicant will address such objection at that time.
In response to the Trademark Attorney’s request for information, applicant can advise the Trademark Attorney that the goods that are the subject of the present application are to be manufactured in India.
Applicant is unsure of the geographic location in the mark being referred to by the Trademark Attorney. As described in Wikipedia, the term “Outback” refers to “the vast, remote interior of Australia” that geographically “is unified by a combination of factors, most notably a low human population density, a largely intact, natural environment and, in many places, low‑intensity land uses.” The term “Outback” is therefore an amorphous concept with undefined boundaries. Nonetheless, applicant can advise that the subject goods are not and will not be manufactured, packaged, shipped from or sold in the Outback.
There being no further outstanding issues in the present application, the application is now thought to be in the proper condition for allowance. Accordingly, a speedy publication from the Trademark Attorney is urged. If the Trademark Attorney has any questions in connection with this response, she is encouraged to contact applicant’s counsel by telephone.
No fee is believed necessary for this response. However, if the Trademark Attorney believes a fee is due, authorization is hereby given to charge same to Deposit Account No. 12-1095.