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 |
---|---|
SERIAL NUMBER | 88055405 |
LAW OFFICE ASSIGNED | LAW OFFICE 112 |
MARK SECTION | |
MARK FILE NAME | http://uspto.report/TM/88055405/mark.png |
LITERAL ELEMENT | RIEDEL BAR DRINK SPECIFIC GLASSWARE |
STANDARD CHARACTERS | NO |
USPTO-GENERATED IMAGE | NO |
COLOR(S) CLAIMED (If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of the wording RIEDEL BAR DRINK SPECIFIC GLASSWARE with RIEDEL and BAR in stylized letters. |
ARGUMENT(S) | |
APPLICANT'S ARGUMENTS IN RESPONSE TO THE EXAMINER'S REFUSAL TO REGISTER THE MARK RIEDEL BAR DRINK SPECIFIC GLASSWARE ON THE GROUNDS THAT RIEDEL IS PRIMARILY MERELY A SURNAME
The Examiner has refused to register the Applicant's mark RIEDEL BAR DRINK SPECIFIC GLASSWARE on the grounds that RIEDEL is primarily merely a surname. Applicant responds to
this argument by asserting ownership of US Trademark Registration 3020409 and others on the Principal Register for the mark RIEDEL as a standard character mark covering handmade and machine made
drinking glasses and stemware for household and professional use. The mark RIEDEL has become distinctive of the goods as evidenced by the ownership of active US Trademark Registration 3020409 on the
Principal Register for the same RIEDEL mark for sufficiently similar goods.
Thus in the present case RIEDEL is not primarily merely a surname and Applicant is entitled to registration of the present mark on the Principal Register.
|
|
ADDITIONAL STATEMENTS SECTION | |
DISCLAIMER | No claim is made to the exclusive right to use BAR DRINK SPECIFIC GLASSWARE apart from the mark as shown. |
ACTIVE PRIOR REGISTRATION(S) | The applicant claims ownership of active prior U.S. Registration Number(s) 3020409. |
SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Active Prior Registration(s) | RIEDEL has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 3020409 |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /Jonathan Myers/ |
SIGNATORY'S NAME | Jonathan Myers |
SIGNATORY'S POSITION | Attorney for Applicant, NY Bar |
SIGNATORY'S PHONE NUMBER | 212.661.8000 |
DATE SIGNED | 11/27/2018 |
RESPONSE SIGNATURE | /Jonathan Myers/ |
SIGNATORY'S NAME | Jonathan Myers |
SIGNATORY'S POSITION | Attorney for Applicant, NY Bar |
SIGNATORY'S PHONE NUMBER | 212.661.8000 |
DATE SIGNED | 11/27/2018 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Tue Nov 27 10:47:20 EST 2018 |
TEAS STAMP | USPTO/ROA-XXX.XXX.XXX.XX- 20181127104720863134-8805 5405-610bcf624fa2d298954a e0e3f62bf67b1d039f2b998c5 6e47af9ea5f25cd44c1-N/A-N /A-20181127102609722241 |
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) |
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.