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. 87869449 NOVEMBERTEENTH / APRILTEENTH(Standard Characters, see http://uspto.report/TM/87869449/mark.png) has been amended as follows:

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

January 10, 2019 Reply to USPTO?s Office Action MARK: NOVEMBERTEENTH / APRILTEENTH 87869449 The USPTO has performed a search and provided over 70 captured attachments of which many earnestly attribute themselves to displaying the Mark for advertising, featuring presentations to prose colonial history and photographic presentations, but the USPTO has not stated or absorbed the fact that they are examples of advertising and promoting the Mark's definition for its brand upon "the average purchaser of the goods or services in the marketplace." === Argument Attachments 1 through 76 overwhelmingly provide evidence--which technically is web media entertainment-- featuring photographic presentations [attachments: #1, #62, #68 and #71 that contain our eBook cover, a feature outlined in TMEP 1209.01(b)] and examples of prose presentations (attachments #1, #2 & 3, #62, #63, #68 and #70) featuring colonial history as required for which the Mark is intended. Some of these attachments are also evidence of comments (public feedback and/or their perception about the goods or services) that also can be viewed within the link: "NPS Blog Posts & Comments" (www.nubian-pageants.com); this, although a blog, is considered a form of entertainment (web media entertainment) and further, a medium for collaboration about colonial history by exchanging links (proposed offers by the public), should you read some of the comments listed below. As a result, and based upon these hart facts, this strongly suggests that the use of the Mark and its class applied for supports each other for its use and exceeds the notion of the "merely descriptive" notion. And, upon this standing and beyond, within these attachments lie proof of consideration for the context of the intended use of the Mark which, no less, acts as advertising material, publications (specimens) for advertising and explanatory text relative to colonial history upon such specimens for the goods or services. Although our website blog reveals over hundreds of comments from the public: "NPS Blog Posts & Comments" (www.nubian-pageants.com), I have provided just a few received from the public expressing their opinions about our website blog that strongly indicates the perception (and a sense of depth) of this brand and its impact. 1. computadora port?til aftabir.com/redirect.php?url=http://drxp.info/co? compu488258@gmail.com IP: 5.62.49.87 "I?m impressed, I need to say. Really hardly ever do I encounter a blog that?s both educative and entertaining, and let me inform you, you could have hit the nail on the head. 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If you are even remotely interested, feel free to shoot me an e mail." 2018/05/28 at 1:37 am --- 4. rehab addict supplyconceptsinc.com/?option=com_k2&view=it? 3qd302@ftg6bu.com IP: 185.206.81.178 "My partner and I absolutely love your blog and find nearly all of your post?s to be precisely what I?m looking for. Does one offer guest writers to write content for yourself? I wouldn?t mind producing a post or elaborating on a lot of the subjects you write concerning here. Again, awesome weblog!" 2018/05/22 at 5:46 am --- 5. new company portable-appliance-testing.net Warriner34675@yahoo.com IP: 170.130.127.17 "Definitely, what a fantastic blog and educative posts, I will bookmark your blog.Have an awsome day!" 2019/01/06 at 4:15 am --- 6. yeezy boost 350 chilp.it/b408e47 xijgurlhq@gmail.com IP: 110.89.40.194 "Thanks a lot for providing individuals with an extraordinarily remarkable chance to read articles and blog posts from here. It is always so awesome and also packed with amusement for me and my office colleagues to search the blog no less than thrice every week to read the latest guidance you have. And lastly, I?m just always motivated concerning the cool information you serve. Selected 1 points in this posting are really the most effective I?ve ever had." 2019/01/07 at 12:34 pm --- 7. Web Design gruppodanzacomacchio.net 34045Wyner@hotmail.com 62.210.111.105 "I have to express my respect for your kind-heartedness supporting persons that should have help with that concept. Your personal dedication to passing the message all around became particularly good and has all the time encouraged individuals like me to get to their pursuits. Your personal informative guide indicates much a person like me and even further to my colleagues. Warm regards; from each one of us." 2019/01/06 at 2:38 am Trademark Manual Examining Procedure 1209.01(b) - Merely Descriptive Marks The determination of whether a mark is merely descriptive must be made in relation to the goods or services for which registration is sought, not in the abstract. In re Chamber of Commerce, 675 F.3d at 1300, 102 USPQ2d at 1219; In re Bayer, 488 F.3d at 964, 82 USPQ2d at 1831. This requires consideration of the context in which the mark is used or intended to be used in connection with those goods/services, and the possible significance that the mark would have to the average purchaser of the goods or services in the marketplace. See In re Chamber of Commerce, 675 F.3d at 1300, 102 USPQ2d at 1219; In re Bayer, 488 F.3d at 964, 82 USPQ2d at 1831; In re Nett Designs, Inc., 236 F.3d 1339, 1342 (Fed. Cir. 2001); In re Omaha Nat?l Corp., 819 F.2d 1117, 2 USPQ2d 1859 (Fed. Cir. 1987); In re Abcor Dev. Corp., 588 F.2d 811, 200 USPQ 215 (C.C.P.A. 1978); In re Datapipe, Inc., 111 USPQ2d 1330 (TTAB 2014) . Sources for considering the context in which the mark is or may be used include websites, publications, labels, packages, advertising material, and explanatory text on specimens for the goods and services. See In re N. C. Lottery, 866 F.3d 1363, 123 USPQ2d 1707, 1710 (Fed. Cir. 2017); In re Nett Designs, Inc., 236 F.3d at 1342; In re Abcor Dev. Corp., 588 F.2d 811 at 814. I Remain Nubian Pageant Systems, Inc.

SIGNATURE(S)
Response Signature
Signature: /George Rainey Jr/     Date: 01/10/2019
Signatory's Name: George Rainey Jr
Signatory's Position: President

Signatory's Phone Number: 9492576611

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 87869449
Internet Transmission Date: Thu Jan 10 19:38:30 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20190110193830412
423-87869449-6203cc88767198e823341b88dfc
b543629a5f1b6ece99207d2822673bbd714ea-N/
A-N/A-20190110192217821792