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) |
Input Field |
Entered |
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SERIAL NUMBER | 87959055 |
LAW OFFICE ASSIGNED | LAW OFFICE 125 |
MARK SECTION | |
MARK | http://uspto.report/TM/87959055/mark.png |
LITERAL ELEMENT | ULTRA |
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) | |
Mark: ULTRA Serial No.: 87959055 This is a response to an Office Action issued October 3, 2018. The Examining Attorney found that the submitted specimen is unacceptable as it appears to be a mock-up of the intended depiction of the mark. Attorney of Record, Susan Meyer, spoke with the Examining Attorney on November 14, 2018 to apologize for the poor quality of the submitted specimen. Applicant hereby submits a better quality substitute specimen. The substitute specimen shows the mark on the goods in a brochure showing the actual machinery. The Examining Attorney also recommended a revised identification of goods. During the same phone call, the Examining Attorney requested information regarding the descriptions in Applicant’s other registered marks. The original recitation for this application, “machines used in the graphic printing process, namely, textile screen presses, graphics printing machines, screen stretchers, screen washers, dryers and graphic registers” in Class 007, is similar to Applicant’s recently registered VICTORYONE, US Registration No. 5561758 registered September 11, 2018 for “Industrial printing machines used in the graphic printing process, namely, textile screen presses, graphics printing machines, screen stretchers, screen washers and graphics registers” also in Class 007. Applicant hereby submits the substitute specimen and evidence of the prior registration with substantially similar description of the goods. Therefore Applicant respectfully requests that the application be approved to publication. Respectfully, Susan Meyer
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EVIDENCE SECTION | |
EVIDENCE FILE NAME(S) | |
ORIGINAL PDF FILE | evi_12377743-20190325164529905827_._VICTORYONE__US_Registration_No._5561758.pdf |
CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\879\590\87959055\xml4\ROA0002.JPG |
DESCRIPTION OF EVIDENCE FILE | Copy of Certificate for VICTORYONE, US Registration No. 5561758 |
GOODS AND/OR SERVICES SECTION (current) | |
INTERNATIONAL CLASS | 007 |
DESCRIPTION | |
machines used in the graphic printing process, namely, textile screen presses, graphics printing machines, screen stretchers, screen washers, dryers and graphic registers | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 01/04/2013 |
FIRST USE IN COMMERCE DATE | At least as early as 01/04/2013 |
GOODS AND/OR SERVICES SECTION (proposed) | |
INTERNATIONAL CLASS | 007 |
DESCRIPTION | |
machines used in the graphic printing process, namely, textile screen presses, graphics printing machines, screen stretchers, screen washers, dryers and graphic registers | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 01/04/2013 |
FIRST USE IN COMMERCE DATE | At least as early as 01/04/2013 |
STATEMENT TYPE | "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. |
SPECIMEN FILE NAME(S) | |
ORIGINAL PDF FILE | SPU0-12377743-20190325164529905827_._ULTRA_Specimen.pdf |
CONVERTED PDF FILE(S) (2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\879\590\87959055\xml4\ROA0003.JPG |
\\TICRS\EXPORT17\IMAGEOUT17\879\590\87959055\xml4\ROA0004.JPG | |
SPECIMEN DESCRIPTION | brochure showing the mark on the actual machinery |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /Susan Meyer/ |
SIGNATORY'S NAME | Susan Meyer |
SIGNATORY'S POSITION | Attorney of Record, IL Bar Member |
SIGNATORY'S PHONE NUMBER | 312 345 5019 |
DATE SIGNED | 03/26/2019 |
RESPONSE SIGNATURE | /Susan Meyer/ |
SIGNATORY'S NAME | Susan Meyer |
SIGNATORY'S POSITION | Attorney of Record, IL Bar Member |
SIGNATORY'S PHONE NUMBER | 312 345 5019 |
DATE SIGNED | 03/26/2019 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Tue Mar 26 11:00:43 EDT 2019 |
TEAS STAMP | USPTO/ROA-XX.XX.XX.XX-201 90326110043149119-8795905 5-6208ecafb3afce9796a62ca e34fa6cc505f7ad64cb0d1738 54e297bbed5ff0d1-N/A-N/A- 20190326105433393474 |
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) |
Mark: ULTRA
Serial No.: 87959055
This is a response to an Office Action issued October 3, 2018. The Examining Attorney found that the submitted specimen is unacceptable as it appears to be a mock-up of the intended depiction of the mark. Attorney of Record, Susan Meyer, spoke with the Examining Attorney on November 14, 2018 to apologize for the poor quality of the submitted specimen. Applicant hereby submits a better quality substitute specimen. The substitute specimen shows the mark on the goods in a brochure showing the actual machinery.
The Examining Attorney also recommended a revised identification of goods. During the same phone call, the Examining Attorney requested information regarding the descriptions in Applicant’s other registered marks. The original recitation for this application, “machines used in the graphic printing process, namely, textile screen presses, graphics printing machines, screen stretchers, screen washers, dryers and graphic registers” in Class 007, is similar to Applicant’s recently registered VICTORYONE, US Registration No. 5561758 registered September 11, 2018 for “Industrial printing machines used in the graphic printing process, namely, textile screen presses, graphics printing machines, screen stretchers, screen washers and graphics registers” also in Class 007.
Applicant hereby submits the substitute specimen and evidence of the prior registration with substantially similar description of the goods. Therefore Applicant respectfully requests that the application be approved to publication.
Respectfully,
Susan Meyer
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.