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 1960 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 88032203 |
LAW OFFICE ASSIGNED | LAW OFFICE 113 |
MARK SECTION | |
MARK | http://uspto.report/TM/88032203/mark.png |
LITERAL ELEMENT | ADAPT |
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) | |
In the Final Office Action, the Examining Attorney maintained her refusal of Applicant’s mark on the Principal Register under Section 2(e) of the Trademark Act. While Applicant disagrees that its mark is merely descriptive for at least the reasons outlined in Applicant’s initial Response, Applicant elects to amend its application from one requesting registration on the Principal Register to one requesting registration on the Supplemental Register. Accordingly, and pursuant to 37 CFR § 2.75 and TMEP § 1115.04, Applicant hereby submits its request to amend the application to the Supplemental Register. Applicant understands that to amend the application to the Supplemental Register, it must prove use of the mark in commerce. 37 CFR § 2.75(b). Applicant has now filed its Allegation to Allege Use, along with corresponding date of first use in commerce and appropriate specimen showing how the mark is used in commerce. As the mark is now being used in commerce, and such use has been proved, Applicant respectfully requests that the Examining Attorney amend the application from the Principal Register to the Supplemental Register. If the Examining Attorney has any other questions or concerns, she is kindly invited to contact the undersigned attorney of record. |
|
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'). NOTE: The applicant has separately filed an Allegation of Use, to change the basis of this application from Section 1(b), intent-to-use, to Section 1(a), use in commerce. |
ATTORNEY SECTION (current) | |
NAME | Mary C. Bonnema |
ATTORNEY BAR MEMBERSHIP NUMBER | NOT SPECIFIED |
YEAR OF ADMISSION | NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY | NOT SPECIFIED |
FIRM NAME | Warner Norcross + Judd LLP |
INTERNAL ADDRESS | 900 Fifth Third Center |
STREET | 111 Lyon Street NW |
CITY | Grand Rapids |
STATE | Michigan |
POSTAL CODE | 49503 |
COUNTRY | US |
PHONE | 616.752.2403 |
FAX | 616.752.2500 |
trademarks@wnj.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 186735 |
ATTORNEY SECTION (proposed) | |
NAME | Mary C. Bonnema |
ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
YEAR OF ADMISSION | XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
FIRM NAME | Warner Norcross + Judd LLP |
INTERNAL ADDRESS | 1500 Warner Building |
STREET | 150 Ottawa Ave NW |
CITY | Grand Rapids |
STATE | Michigan |
POSTAL CODE | 49503 |
COUNTRY | United States |
PHONE | 616.752.2403 |
FAX | 616.752.2500 |
trademarks@wnj.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 186735 |
CORRESPONDENCE SECTION (current) | |
NAME | Mary C. Bonnema |
FIRM NAME | Warner Norcross + Judd LLP |
INTERNAL ADDRESS | 900 Fifth Third Center |
STREET | 111 Lyon Street NW |
CITY | Grand Rapids |
STATE | Michigan |
POSTAL CODE | 49503 |
COUNTRY | US |
PHONE | 616.752.2403 |
FAX | 616.752.2500 |
trademarks@wnj.com; mbonnema@wnj.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 186735 |
CORRESPONDENCE SECTION (proposed) | |
NAME | Mary C. Bonnema |
FIRM NAME | Warner Norcross + Judd LLP |
INTERNAL ADDRESS | 1500 Warner Building |
STREET | 150 Ottawa Ave NW |
CITY | Grand Rapids |
STATE | Michigan |
POSTAL CODE | 49503 |
COUNTRY | United States |
PHONE | 616.752.2403 |
FAX | 616.752.2500 |
trademarks@wnj.com; mbonnema@wnj.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 186735 |
SIGNATURE SECTION | |
RESPONSE SIGNATURE | /Mary C. Bonnema/ |
SIGNATORY'S NAME | Mary C. Bonnema |
SIGNATORY'S POSITION | Attorney of record, Michigan bar member |
SIGNATORY'S PHONE NUMBER | 616.752.2403 |
DATE SIGNED | 11/11/2019 |
AUTHORIZED SIGNATORY | YES |
CONCURRENT APPEAL NOTICE FILED | NO |
FILING INFORMATION SECTION | |
SUBMIT DATE | Mon Nov 11 13:20:52 EST 2019 |
TEAS STAMP | USPTO/RFR-XX.XX.X.XX-2019 1111132052014815-88032203 -700de54b6623d72f20cd8c9e 14f9eed9e772fca112f6f91f0 ad95a41265f5a1f-N/A-N/A-2 0191111131355788885 |
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 1960 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
In the Final Office Action, the Examining Attorney maintained her refusal of Applicant’s mark on the Principal Register under Section 2(e) of the Trademark Act. While Applicant disagrees that its mark is merely descriptive for at least the reasons outlined in Applicant’s initial Response, Applicant elects to amend its application from one requesting registration on the Principal Register to one requesting registration on the Supplemental Register. Accordingly, and pursuant to 37 CFR § 2.75 and TMEP § 1115.04, Applicant hereby submits its request to amend the application to the Supplemental Register.
Applicant understands that to amend the application to the Supplemental Register, it must prove use of the mark in commerce. 37 CFR § 2.75(b). Applicant has now filed its Allegation to Allege Use, along with corresponding date of first use in commerce and appropriate specimen showing how the mark is used in commerce. As the mark is now being used in commerce, and such use has been proved, Applicant respectfully requests that the Examining Attorney amend the application from the Principal Register to the Supplemental Register.
If the Examining Attorney has any other questions or concerns, she is kindly invited to contact the undersigned attorney of record.