| 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 | 87451859 |
| LAW OFFICE ASSIGNED | LAW OFFICE 104 |
| MARK SECTION | |
| MARK | http://uspto.report/TM/87451859/mark.png |
| LITERAL ELEMENT | CARSON |
| 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 trademark term CARSON is not ?primarily merely a surname?. The burden of proof in this matter is on the USPTO to show that CARSON is ?primarily merely a surname?. If CARSON was in fact ?primarily merely a surname? then one would assume there would be multiple trademarks on TESS registered on the Supplemental Register. In fact, just the opposite is true. I did a search for the term CARSON on TESS and the only CARSON related trademarks found to be registered on the Supplemental Register were for the presidential candidate Ben Carson. All other 70+ trademarks were filed or registered on the Principal Register. As such, it is clear that the USPTO has not routinely decided that the term CARSON is ?primarily merely a surname?. In this instance, Applicant has made up this name. CARSON is not a surname of any owner or investor in Applicant. In this case, the name CARSON is also commonly used as a first name or given name. CARSON is not always a surname. Please reconsider the refusal. | |
| CORRESPONDENCE SECTION | |
| ORIGINAL ADDRESS | Richard Morris JR ESQ Richard L Morris JR ESQ PO Box 398538 Miami Beach FL Florida US 33239 |
| NEW CORRESPONDENCE SECTION | |
| NAME | Richard Morris JR ESQ |
| FIRM NAME | TrademarkRenewals.com |
| INTERNAL ADDRESS | c/o 1-800-4-TRADEMARK |
| STREET | PO Box 398538 |
| CITY | Miami Beach |
| STATE | Florida |
| ZIP/POSTAL CODE | 33239 |
| COUNTRY | United States |
| PHONE | 3056736686 |
| FAX | 3056736872 |
| richard@4tradmark.com | |
| AUTHORIZED EMAIL COMMUNICATION | Yes |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /RMORRIS/ |
| SIGNATORY'S NAME | RICHARD L MORRIS JR ESQ |
| SIGNATORY'S POSITION | ATTORNEY OF RECORD |
| SIGNATORY'S PHONE NUMBER | 3056736686 |
| DATE SIGNED | 08/22/2017 |
| RESPONSE SIGNATURE | /RMORRIS/ |
| SIGNATORY'S NAME | RICHARD L MORRIS JR ESQ |
| SIGNATORY'S POSITION | ATTORNEY OF RECORD |
| SIGNATORY'S PHONE NUMBER | 3056736686 |
| DATE SIGNED | 08/22/2017 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue Aug 22 14:13:55 EDT 2017 |
| TEAS STAMP | USPTO/ROA-XXX.XX.XX.XXX-2 0170822141355764531-87451 859-5103d4ae193d64a8f4122 f8e3a972a47ca2bf5b1392248 29a4ea973f8ecd485a4a-N/A- N/A-20170822141130324291 |
| 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) |
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.