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)

---

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. 87955786 CONTOUR(Standard Characters, see http://uspto.report/TM/87955786/mark.png) has been amended as follows:

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

Dear Sirs:

In response to the Office Action mailed August 13, 2018, the Applicant respectfully requests reconsideration of the subject trademark application in view of the following evidence and comments.

The Examining Attorney indicated that a search of the Office's database found no conflicting marks that would bar registration.  Nonetheless, the Examining Attorney refused registration under Section 2(e) (1) contending that the mark is descriptive.

The Examining Attorney also requested information on the nature of the goods including manuals, brochures, advertisements and pertinent screenshots of Applicant's website.  In addition, the Examining Attorney requested the Applicant to respond to the following questions:

1. Are Applicant's goods shaped to fit one's hand more comfortably? Fit both hands comfortably

2.Are Applicant's goods shaped to fit one' s palm or hand?  Not exactly

3. Do Applicant's competitors use "contour" or "contoured" to advertise similar goods?  No

The Applicant respectfully submits that the subject trademark is not merely descriptive and is registrable.  The Applicant has a second trademark application for CONTOUR PRO, Application Serial No. 87955788, that the Examining Attorney has examined.  That application has  received Notice of Publication.  It is believed this application like that one is also ready for publication.  In response to the Examining Attorney's questions on documentation and how the grip fits the golfer's hands, the Applicant refers the Examining Attorney's attention to the Applicant's website: 

http://www.golfpride.com/grips/tour-snsr-contour/   

 The putter grip is an oversized putter series grip that  is an evolution of the classic tapered pistol profile.  As stated in the advertisement, the material is softer and provides great hand feel for the golfer.  The Contour grip was reviewed in the following golf articles:

  http://pluggedingolf.com/golf-pride-tour-snsr-putter-grip-review/

and

 http://www.thehackersparadise.com/golf-pride-tour-snsr-putter-grips-review/

Putter grips come in various sizes and shapes depending upon the golfer's preference. Golfer's also have many different styles and hand holds when putting.  The Contour putter grip has a comfortable feel due to its softer material and oversize.  It is a heavier grip. The size of the putter is meant to be a two handed grip.

The Applicant submits that the mark CONTOUR when used with the Applicant's goods has an overall appearance that is distinctive and is well received within the market.  To Applicant's knowledge none of Applicant's competitors use this mark, and the mark is recognized for the Applicant's product as evidenced by the above reviews.

In view of the above, the Applicant requests reconsideration of the subject trademark application and an early notice of allowance.

Respectfully submitted,

/Daniel Kalka/

EVIDENCE
Evidence in the nature of The evidence consists of links to the Applicant's website and consumer reviews provided in the above response. has been attached.

SIGNATURE(S)
Response Signature
Signature: /Daniel S. Kalka/     Date: 02/11/2019
Signatory's Name: Daniel S. Kalka
Signatory's Position: Attorney of Record - Ohio Bar Member

Signatory's Phone Number: 440-523-4131

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: 87955786
Internet Transmission Date: Mon Feb 11 09:49:44 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201902110949442
66474-87955786-620a7e3a7aa3ebc978d95fc88
da3759495345776833608a577cde87df8178686-
N/A-N/A-20190211090546506487