TEAS Petition to Revive Abandon Applic

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 2194 (Rev 03/2012)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 2194 (Rev 03/2012)

OMB No. 0651-0054 (Exp 12/31/2020)

Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action

To the Commissioner for Trademarks:

Application serial no. 88048286 ACOUSTIC SURFACE AUDIO(Standard Characters, see http://uspto.report/TM/88048286/mark.png) has been amended as follows: PETITION Petition Statement
Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the USPTO to revive the abandoned application.RESPONSE TO OFFICE ACTION

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

The Office Action dated August 15, 2018 has been received and carefully reviewed. The Hon. Trademark Attorney has refused registration of the mark on the Principal Register under Section 2(e)(1) of the Act because of descriptiveness. This refusal is respectfully traversed. The Hon. Trademark Attorney argues from definitions of "acoustic", "surface" and "audio" that the mark immediately conveys that the goods "allow sound to be transmitted directly from the upper boundary of an object (in this case, the upper boundary of a television panel, commonly called the screen)." Applicant respectfully submits that the Hon. Trademark Attorney is misguided in her characterization of an "upper boundary". The upper boundary of a television set is its top of the casing, not a screen. Accordingly, the Hon. Trademark Attorney is straining the definitions she is relying upon to support her refusal to register. Applicant respectfully submits this is improper and requests the Hon. Trademark Attorney withdraw her refusal to register and allow this application for publication.

ADDITIONAL STATEMENTS
Miscellaneous Statement
The Hon. Trademark Attorney has requested information and documentation regarding the goods and wording appearing in the mark. Applicant appends a copy of its advertising from its link http://www.sony.com/electronics/tlevisions/xbr-agg-series which shows the mark and describes the goods. Additionally, the Hon. Trademark Attorney has asked specific questions about the goods, which Applicant responds to as follows: Question a. Do applicant's competitors use the terms "acoustic", "surface" and/or "audio" to advertise similar goods? Answer: No. Question b. Who is the typical consumer of applicant's goods? Answer: The general consuming public. Question c. Where are applicant's goods typically purchased? Answer: Applicant's websites and retailers of consumer electronic products.

Original PDF file:
mis-3810515984-20190501130534848223_._Y_WEBSITE_-_A8G_Series___OLED_4K_Ultra_HD_Smart_TV___Sony_US.pdf
Converted PDF file(s) ( 17 pages)
Miscellaneous File1
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Miscellaneous File17

FEE(S)
Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S)

Signature: /Robert B.G. Horowitz/      Date: 05/01/2019
Signatory's Name: Robert B.G. Horowitz
Signatory's Position: Attorney for Applicant
Signatory's Phone Number: 212 589-4200


Response Signature
Signature: /Robert B.G. Horowitz/     Date: 05/01/2019
Signatory's Name: Robert B.G. Horowitz
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 212 589-4200

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/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 applicant 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/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.

        
RAM Sale Number: 88048286
RAM Accounting Date: 05/01/2019
        
Serial Number: 88048286
Internet Transmission Date: Wed May 01 13:13:56 EDT 2019
TEAS Stamp: USPTO/POA-XX.XXX.XXX.XX-2019050113135633
9614-88048286-6208cca9c494385a820e694b1e
f5beadef62bc77e216e55de5e16f99fd849b9f2-
DA-12515-20190501130534848223