| 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 | 88067134 |
| LAW OFFICE ASSIGNED | LAW OFFICE 110 |
| MARK SECTION | |
| MARK | http://uspto.report/TM/88067134/mark.png |
| LITERAL ELEMENT | BLACKLOCK |
| 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) | |
|
The applicant received the Office Action dated November 6, 2018. The applicant has received a surname refusal and the applicant respectfully disagrees with the results of the applied test. 1. Is the surname rare? Yes, it apparently only occurs less than 2,800 times across all of America. It is also the combination of BLACK and LOCK. The surname refusal was not used to prevent registration of Blackstone (Reg. No. 4,794,979) which has more than 9,000 persons so surnamed across the U.S. 2. Was anyone connected to the applicant uses the term as a surname? In the 1800’s the founder of the applicant’s business Joseph Lodge, named the company Blacklock or Blacklock Foundry after his friend and minister Reverend Joseph Hayton Blacklock. They have both passed away. However, as can be seen from the attached photographs from late 1800 and early 1900 images, a “black lock” was also utilized as a brand of the company. 3. Are there other uses then as a surname? Use of a black lock was shown prominently on advertising and other uses in the early 1900’s which are about to be resurrected in a slightly different manner in the marketplace. (See #2) 4. Does it have the structure of a surname: The term has a structure and pronunciation of a “black lock,” not necessarily a surname, and no different than “black stone.” (See #1, above) 5. Is the term stylized to remove its primary significance as a surname? When used with a black lock, most definitely. Accordingly, when all the factors are combined, (and the products will be cooking articles as opposed to locks), the mark should be registerable on the Principal Register. Accordingly, a renewed request for a Principal Registration is hereby provided. |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\880\671\88067134\xml4\ ROA0002.JPG |
| \\TICRS\EXPORT17\IMAGEOUT 17\880\671\88067134\xml4\ ROA0003.JPG | |
| DESCRIPTION OF EVIDENCE FILE | photos from late 1800 and early 1900 |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /907146/ |
| SIGNATORY'S NAME | Stephen J. Stark |
| SIGNATORY'S POSITION | Attorney of Record, Tennessee Bar Member |
| SIGNATORY'S PHONE NUMBER | 423-756-6600 |
| DATE SIGNED | 03/22/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Fri Mar 22 11:03:38 EDT 2019 |
| TEAS STAMP | USPTO/ROA-XX.XX.XX.X-2019 0322110338166871-88067134 -6203de2ce90514244708927c 09f94678816e276b5c8da4a80 70a9b26793aa0f5-N/A-N/A-2 0190322104545015673 |
| 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) |
The applicant received the Office Action dated November 6, 2018. The applicant has received a surname refusal and the applicant respectfully disagrees with the results of the applied test.
1. Is the surname rare? Yes, it apparently only occurs less than 2,800 times across all of America. It is also the combination of BLACK and LOCK. The surname refusal was not used to prevent registration of Blackstone (Reg. No. 4,794,979) which has more than 9,000 persons so surnamed across the U.S.
2. Was anyone connected to the applicant uses the term as a surname? In the 1800’s the founder of the applicant’s business Joseph Lodge, named the company Blacklock or Blacklock Foundry after his friend and minister Reverend Joseph Hayton Blacklock. They have both passed away. However, as can be seen from the attached photographs from late 1800 and early 1900 images, a “black lock” was also utilized as a brand of the company.
3. Are there other uses then as a surname? Use of a black lock was shown prominently on advertising and other uses in the early 1900’s which are about to be resurrected in a slightly different manner in the marketplace. (See #2)
4. Does it have the structure of a surname: The term has a structure and pronunciation of a “black lock,” not necessarily a surname, and no different than “black stone.” (See #1, above)
5. Is the term stylized to remove its primary significance as a surname? When used with a black lock, most definitely.
Accordingly, when all the factors are combined, (and the products will be cooking articles as opposed to locks), the mark should be registerable on the Principal Register.
Accordingly, a renewed request for a Principal Registration is hereby provided.
