| PTO- 1960 |
| Approved for use through 11/30/2023. OMB 0651-0050 |
| 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. |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 88015186 |
| LAW OFFICE ASSIGNED | LAW OFFICE 114 |
| MARK SECTION | |
| MARK | mark |
| LITERAL ELEMENT | PLAYR |
| 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. |
| OWNER SECTION (current) | |
| NAME | Playr Inc. |
| MAILING ADDRESS | 2516 Chestnut Ridge Drive |
| CITY | Pittsburgh |
| STATE | Pennsylvania |
| ZIP/POSTAL CODE | 15205 |
| COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
| OWNER SECTION (proposed) | |
| NAME | Playr Inc. |
| MAILING ADDRESS | 2516 Chestnut Ridge Drive |
| CITY | Pittsburgh |
| STATE | Pennsylvania |
| ZIP/POSTAL CODE | 15205 |
| COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
| XXXX | |
| ARGUMENT(S) | |
|
The following remarks are responsive to the Final Office Action dated July 13, 2020, issued in connection with United States Trademark Application Serial No. 88/015,186 for the mark PLAYR. The Examining Attorney’s comments have been reviewed and carefully considered. In view of the following remarks, Applicant respectfully requests that the mark be allowed for Supplemental Registration. Registration has been refused on the basis that the applied-for mark allegedly merely describes characteristics and intended audience of Applicant’s goods under Trademark Act Section 2(e)(1). Although Applicant respectfully disagrees, and believes that they have submitted sufficient evidence to overcome the Section 2(e)(1) refusal, Applicant has amended the present application to seek registration on the Supplemental Register to assist in advancing the prosecution of this application. Therefore, withdrawal of the Section 2(e)(1) refusal is respectfully requested. As this application was filed on a use-in-commerce basis under 15 U.S.C. § 1051(a), and Applicant has provided specimens and dates of use as early as October 16, 2013, Applicant hereby asserts that all elements required under TMEP § 815.02 have been met. Additionally, Applicant maintains that filing on the Supplemental Register is not an admission that the mark has not acquired distinctiveness under 15 U.S.C. § 1095. Conclusion In view of the foregoing amendments and remarks, Applicant respectfully requests withdrawal of the refusals and allowance of the mark for Supplemental Registration. |
|
| ADDITIONAL STATEMENTS SECTION | |
| SUPPLEMENTAL REGISTER | The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register'). |
| ATTORNEY INFORMATION (current) | |
| NAME | Christian D. Ehret |
| ATTORNEY BAR MEMBERSHIP NUMBER | NOT SPECIFIED |
| YEAR OF ADMISSION | NOT SPECIFIED |
| U.S. STATE/ COMMONWEALTH/ TERRITORY | NOT SPECIFIED |
| FIRM NAME | THE WEBB LAW FIRM |
| INTERNAL ADDRESS | 420 FORT DUQUESNE BOULEVARD, SUITE 1200 |
| STREET | ONE GATEWAY CENTER |
| CITY | PITTSBURGH |
| STATE | Pennsylvania |
| POSTAL CODE | 15222 |
| COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
| PHONE | 412-471-8815 |
| FAX | 412-471-4094 |
| trademarks@webblaw.com | |
| DOCKET/REFERENCE NUMBER | 8350-1700765 |
| ATTORNEY INFORMATION (proposed) | |
| NAME | Christian D. Ehret |
| ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
| YEAR OF ADMISSION | XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
| FIRM NAME | THE WEBB LAW FIRM |
| INTERNAL ADDRESS | 420 FORT DUQUESNE BOULEVARD, SUITE 1200 |
| STREET | ONE GATEWAY CENTER |
| CITY | PITTSBURGH |
| STATE | Pennsylvania |
| POSTAL CODE | 15222 |
| COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
| PHONE | 412-471-8815 |
| FAX | 412-471-4094 |
| trademarks@webblaw.com | |
| DOCKET/REFERENCE NUMBER | 8350-1700765 |
| CORRESPONDENCE INFORMATION (current) | |
| NAME | CHRISTIAN D. EHRET |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | trademarks@webblaw.com |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | NOT PROVIDED |
| DOCKET/REFERENCE NUMBER | 8350-1700765 |
| CORRESPONDENCE INFORMATION (proposed) | |
| NAME | Christian D. Ehret |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | trademarks@webblaw.com |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | NOT PROVIDED |
| DOCKET/REFERENCE NUMBER | 8350-1700765 |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Christian D. Ehret/ |
| SIGNATORY'S NAME | Christian D. Ehret, Reg. No. 69,743 |
| SIGNATORY'S POSITION | Attorney of Record, Pennsylvania Bar Member No. 311984 |
| SIGNATORY'S PHONE NUMBER | 412-471-8815 |
| DATE SIGNED | 01/12/2021 |
| ROLE OF AUTHORIZED SIGNATORY | Authorized U.S.-Licensed Attorney |
| SIGNATURE METHOD | Signed directly within the form |
| CONCURRENT APPEAL NOTICE FILED | NO |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue Jan 12 15:36:00 ET 2021 |
| TEAS STAMP | USPTO/RFR-XX.XXX.XXX.XXX- 20210112153600260568-8801 5186-76013372df547b959ada ac7469266ce420088a54d75b3 208215f41209096ad8e-N/A-N /A-20210112152704831530 |
| PTO- 1960 |
| Approved for use through 11/30/2023. OMB 0651-0050 |
| 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. |
The following remarks are responsive to the Final Office Action dated July 13, 2020, issued in connection with United States Trademark Application Serial No. 88/015,186 for the mark PLAYR. The Examining Attorney’s comments have been reviewed and carefully considered. In view of the following remarks, Applicant respectfully requests that the mark be allowed for Supplemental Registration.
Registration has been refused on the basis that the applied-for mark allegedly merely describes characteristics and intended audience of Applicant’s goods under Trademark Act Section 2(e)(1). Although Applicant respectfully disagrees, and believes that they have submitted sufficient evidence to overcome the Section 2(e)(1) refusal, Applicant has amended the present application to seek registration on the Supplemental Register to assist in advancing the prosecution of this application. Therefore, withdrawal of the Section 2(e)(1) refusal is respectfully requested.
As this application was filed on a use-in-commerce basis under 15 U.S.C. § 1051(a), and Applicant has provided specimens and dates of use as early as October 16, 2013, Applicant hereby asserts that all elements required under TMEP § 815.02 have been met. Additionally, Applicant maintains that filing on the Supplemental Register is not an admission that the mark has not acquired distinctiveness under 15 U.S.C. § 1095.
Conclusion
In view of the foregoing amendments and remarks, Applicant respectfully requests withdrawal of the refusals and allowance of the mark for Supplemental Registration.