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. 87532764 SLYTHERIN (Stylized and/or with Design, see http://uspto.report/TM/87532764/mark.png) has been amended as follows:

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

In response to the Office Action dated July 6, 2018, Applicant respectfully submits the following:

The Examining Attorney has refused registration on the Principal Register under Sections 1, 2 and 45 of the Trademark Act for the composite trademark SLYTHERIN for Class 25 in connection with "Clothing for men, women and children, namely, dressing gowns, robes, shirts, T-shirts, sweatshirts, hoodies, pajamas, baby bodysuits, cardigans, sweaters, pullovers, pants, leggings, lounge pants, dresses, jackets, hats, caps, scarves, gloves, ties, bow ties; footwear for men, women and children, namely, slippers; masquerade and Halloween costumes,” on the grounds that the mark, as used on the specimen of record, allegedly "is merely a decorative or ornamental feature of the goods."

Applicant respectfully requests that the refusal be withdrawn in view of the following arguments: Applicant's SLYTHERIN mark serves as an identifier of a secondary source, under TMEP 1202.03(c), through its use with goods other than those identified in the Application, as shown by the enclosed evidence – in the form of product, packaging and website listings – that the mark is already recognized as a source indicator for other goods and services, namely, pens, wand stands, keychains, puzzles, coasters, mugs, water bottles, mouse pads, ties, robes, hats, gloves, tote bags, banners, flags, throws, embroidered patches and retail services.

In view of the above, Applicant respectfully requests that a Notice of Publication issue for the SLYTHERIN trademark under Section 12 of the Trademark Act.

Respectfully submitted, WARNER BROS. ENTERTAINMENT, INC.

EVIDENCE
Evidence in the nature of Evidence that the mark is already recognized as a source indicator for other goods and services, namely, pens, wand stands, key chains, puzzles, coasters, mugs, water bottles, mouse pads, ties, robes, hats, gloves, tote bags, banners, flags, throws, embroidered patches and retail services. has been attached.
Original PDF file:
evi_16816119215-20180823124421777423_._cinereplica_pages-slytherin.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Original PDF file:
evi_16816119215-20180823124421777423_._WB_Shop_pages-slytherin.pdf
Converted PDF file(s) ( 10 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Original PDF file:
evi_16816119215-20180823124421777423_._noble_collection_pages-slytherin.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4

SIGNATURE(S)
Response Signature
Signature: /mlm/     Date: 08/29/2018
Signatory's Name: Megan L. Martin
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 818-954-1103

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: 87532764
Internet Transmission Date: Wed Aug 29 18:28:03 EDT 2018
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201808291828030
11075-87532764-610467ca64ab39db2af29e4b5
7f9b93a243c6a6939756126fa61aca9b89fffa7e
a-N/A-N/A-20180823124421777423