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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
87881434 |
LAW OFFICE ASSIGNED |
LAW OFFICE 105 |
MARK SECTION |
MARK |
http://uspto.report/TM/87881434/mark.png |
LITERAL ELEMENT |
NEFELIBATA |
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) |
Applicant provides the following information as requested by the Examining Attorney in the Office action dated July 24, 2019. 1. Applicant's goods
are sold direct to consumer. 2. Applicant has provided an invoice. 3. The specimen was not created for submission with Applicant's trademark application. 4. The specimen as submitted with Applicant's
trademark application shows Applicant?s product as it is currently being sold to consumers. The specimen is not a "mock-up". The tags that are attached to Applicant's goods, and contain Applicant's
trademark, were custom made for use in commerce with Applicant's goods. 5. Applicant's goods are sold in the manner displayed in the specimen submitted with Applicant's trademark application, with
display of Applicant's trademark on the sales tag. "Sales environment" photos are not available. 6. Applicant's goods are transported for sale with the tags that are attached to Applicant's goods,
and contain Applicant's trademark. They are further transported with an invoice, as provided with this Office action response. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_6719016698-20190725011249538437_._Specimen.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\878\814\87881434\xml19\ROA0002.JPG |
DESCRIPTION OF EVIDENCE FILE |
Invoice showing the trademark as used in commerce. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Jeffrey Sturman/ |
SIGNATORY'S NAME |
Jeffrey Sturman |
SIGNATORY'S POSITION |
Attorney of Record, Colorado Bar Member |
SIGNATORY'S PHONE NUMBER |
720-772-1724 |
DATE SIGNED |
07/24/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Jul 25 01:25:51 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XX-2
0190725012551941684-87881
434-6201addc85e1778704ac0
8b399069695f78c56f44ce5c2
a9e2319fcd6df0f7c731-N/A-
N/A-20190725011249538437 |
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.
87881434 NEFELIBATA(Standard Characters, see http://uspto.report/TM/87881434/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant provides the following information as requested by the Examining Attorney in the Office action dated July 24, 2019. 1. Applicant's goods are sold direct to consumer. 2. Applicant has
provided an invoice. 3. The specimen was not created for submission with Applicant's trademark application. 4. The specimen as submitted with Applicant's trademark application shows Applicant?s
product as it is currently being sold to consumers. The specimen is not a "mock-up". The tags that are attached to Applicant's goods, and contain Applicant's trademark, were custom made for use in
commerce with Applicant's goods. 5. Applicant's goods are sold in the manner displayed in the specimen submitted with Applicant's trademark application, with display of Applicant's trademark on the
sales tag. "Sales environment" photos are not available. 6. Applicant's goods are transported for sale with the tags that are attached to Applicant's goods, and contain Applicant's trademark. They
are further transported with an invoice, as provided with this Office action response.
EVIDENCE
Evidence in the nature of Invoice showing the trademark as used in commerce. has been attached.
Original PDF file:
evi_6719016698-20190725011249538437_._Specimen.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
SIGNATURE(S)
Response Signature
Signature: /Jeffrey Sturman/ Date: 07/24/2019
Signatory's Name: Jeffrey Sturman
Signatory's Position: Attorney of Record, Colorado Bar Member
Signatory's Phone Number: 720-772-1724
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: 87881434
Internet Transmission Date: Thu Jul 25 01:25:51 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019072501255194
1684-87881434-6201addc85e1778704ac08b399
069695f78c56f44ce5c2a9e2319fcd6df0f7c731
-N/A-N/A-20190725011249538437