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 |
87900793 |
LAW OFFICE ASSIGNED |
LAW OFFICE 108 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/87900793/mark.png |
LITERAL ELEMENT |
TRACER |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
ARGUMENT(S) |
The Examining Attorney has objected to the specimen of use for Class 16 because it does not appear to constitute independently registrable goods in
trade, but rather appear to be provided as part of applicant?s Class 40 printing services. Applicant disagrees and notes it brands it Class 16 goods with the mark and also provides the option to
print on these items. |
GOODS AND/OR SERVICES SECTION (016)(current) |
INTERNATIONAL CLASS |
016 |
DESCRIPTION |
Printed materials, namely, posters, paper signs, window displays in the nature of printed signs; gift cards; greeting cards; business
cards; post cards; event tickets; printed visuals in the nature of promotional material |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 06/30/2002 |
FIRST USE IN COMMERCE DATE |
At least as early as 06/30/2002 |
GOODS AND/OR SERVICES SECTION (016)(proposed) |
INTERNATIONAL CLASS |
016 |
DESCRIPTION |
Printed materials, namely, posters, paper signs, window displays in the nature of printed signs; gift cards; greeting cards; business
cards; post cards; event tickets; printed visuals in the nature of promotional material |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 06/30/2002 |
FIRST USE IN COMMERCE DATE |
At least as early as 06/30/2002 |
GOODS AND/OR SERVICES SECTION (020)(current) |
INTERNATIONAL CLASS |
020 |
DESCRIPTION |
Signs made of plastic; plastic inserts for publications; plastic hang tags; plastic key chains; picture frames; frames for canvas
prints; system for framing printed materials comprised of frame pieces, mounting and matting materials, and a device to attach printed materials to the frames |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 06/30/2002 |
FIRST USE IN COMMERCE DATE |
At least as early as 06/30/2002 |
GOODS AND/OR SERVICES SECTION (020)(proposed) |
INTERNATIONAL CLASS |
020 |
TRACKED TEXT DESCRIPTION |
Signs made of plastic; plastic inserts for publications; plastic inserts for use as advertisements and promotional material in publications; plastic hang tags; plastic
key chains; plastic key chain tags; picture frames; frames for canvas prints; system for framing printed materials comprised of frame pieces, mounting and matting materials, and a device to attach printed materials to the frames |
FINAL DESCRIPTION |
Signs made of plastic; plastic inserts for use as advertisements and promotional material in publications; plastic hang tags; plastic
key chain tags; picture frames; frames for canvas prints; system for framing printed materials comprised of frame pieces, mounting and matting materials, and a device to attach printed materials to
the frames |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 06/30/2002 |
FIRST USE IN COMMERCE DATE |
At least as early as 06/30/2002 |
GOODS AND/OR SERVICES SECTION (040)(no change) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/michelle levin/ |
SIGNATORY'S NAME |
Michelle Levin |
SIGNATORY'S POSITION |
Attorney for Applicant |
SIGNATORY'S PHONE NUMBER |
914.821.3073 |
DATE SIGNED |
02/28/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Feb 28 17:07:28 EST 2019 |
TEAS STAMP |
USPTO/ROA-XX.XX.XX.XX-201
90228170728043876-8790079
3-620192de60b6149144739a6
f28a7cfcb9665d3d7733e2a17
ecde7401de431-N/A-N/A-201
90228170011234476 |
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.
87900793 TRACER (Stylized and/or with Design, see http://uspto.report/TM/87900793/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
The Examining Attorney has objected to the specimen of use for Class 16 because it does not appear to constitute independently registrable goods in trade, but rather appear to be provided as part of
applicant?s Class 40 printing services. Applicant disagrees and notes it brands it Class 16 goods with the mark and also provides the option to print on these items.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Printed materials, namely, posters, paper signs, window displays in the nature of printed signs; gift cards; greeting cards; business cards; post cards; event tickets;
printed visuals in the nature of promotional material
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/30/2002 and first used in commerce at least as early as 06/30/2002 , and
is now in use in such commerce.
Proposed: Class 016 for Printed materials, namely, posters, paper signs, window displays in the nature of printed signs; gift cards; greeting cards; business cards; post cards; event tickets;
printed visuals in the nature of promotional material
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/30/2002 and first used in commerce at least as early as 06/30/2002 , and
is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for Signs made of plastic; plastic inserts for publications; plastic hang tags; plastic key chains; picture frames; frames for canvas prints; system for framing printed
materials comprised of frame pieces, mounting and matting materials, and a device to attach printed materials to the frames
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/30/2002 and first used in commerce at least as early as 06/30/2002 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Signs made of plastic;
plastic inserts for publications;
plastic
inserts for use as advertisements and promotional material in publications;
plastic hang tags;
plastic key chains;
plastic key chain tags;
picture frames;
frames for canvas prints;
system for framing printed
materials comprised of frame pieces, mounting and matting materials, and a device to attach printed materials to the framesClass 020 for Signs made of plastic; plastic inserts for use as
advertisements and promotional material in publications; plastic hang tags; plastic key chain tags; picture frames; frames for canvas prints; system for framing printed materials comprised of frame
pieces, mounting and matting materials, and a device to attach printed materials to the frames
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/30/2002 and first used in commerce at least as early as 06/30/2002 , and
is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /michelle levin/ Date: 02/28/2019
Signatory's Name: Michelle Levin
Signatory's Position: Attorney for Applicant
Signatory's Phone Number: 914.821.3073
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: 87900793
Internet Transmission Date: Thu Feb 28 17:07:28 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-201902281707280438
76-87900793-620192de60b6149144739a6f28a7
cfcb9665d3d7733e2a17ecde7401de431-N/A-N/
A-20190228170011234476