| 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 | 88114181 |
| LAW OFFICE ASSIGNED | LAW OFFICE 110 |
| MARK SECTION | |
| MARK FILE NAME | http://uspto.report/TM/88114181/mark.png |
| LITERAL ELEMENT | POCKET RADAR |
| 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 words "POCKET RADAR" in a stacked orientation with four (4) parentheses shaped marks gradually increasing in size emanating from the T of "pocket.". |
| ARGUMENT(S) | |
|
Arguments in Support of Registration Application Serial No. 88/114,181 POCKET RADAR & Design In accordance with the examiner’s indications, in the Additional Statements Section, Applicant has requested that the instant application be divided as
to two groups of goods: (1) speed measuring devices, namely, radar receivers and transmitters, eligible under Section 2(f) as having a date of first use in commerce of 04/27/2010; and (2)
“smart digital display screens; downloadable mobile applications for the capture, storage and sharing of video, audio, and measured data” not similarly eligible under
Section 2(f), as they were first used in commerce in 2016 and 2018, respectively. Thus, the issue of descriptiveness is moot as to the speed measuring devices. The examiner contends that all of the goods listed within the class are descriptive in relation to the applied-for-mark. Applicant respectfully disagrees. Thus, pursuant to 367 C.F.R. §2.87, Applicant provides the following remarks responsive to the descriptiveness refusal as to smart digital display screens; downloadable mobile applications for the capture, storage and sharing of video, audio, and measured data. These goods – visual display screen and mobile applications -- are accessories for a radar system. While it is true that they are not intended as standalone products and are sold within the product line of the Pocket Radar speed measuring device for use in connection with the Pocket Radar device, use of the speed measuring device does not require a large digital display or a downloadable mobile app; it is sufficient alone. Further, the accessories need not be used at all with the speed measuring device and can be used with other systems. Further still, the accessories are only two in a family of accessories not small enough to fit into a pocket and are not, themselves, radar units (and such a property could not possibly apply to the mobile app). Thus, as applied to such accessories, the applied-for mark does not describe an ingredient, characteristic, function, feature, purpose, or use of the Applicant’s goods. [Note: Applicant’s website www.pocketradar.com, shows accessories offered for sale for use in connection with the radar device consisting of such goods as lanyard straps, tripods, cables, and belt holsters.] For the foregoing reasons, it is respectfully submitted that Applicant’s mark is not merely descriptive when used in connection with smart digital display screens; downloadable mobile applications for the capture, storage and sharing of video, audio, and measured data. Applicant therefore respectfully requests that a notice of publication issue in due course in the daughter application of this now divided application. If for any reason the arguments above are not persuasive, Applicant respectfully requests registration on the Supplemental Register for use of the mark in connection with smart digital display screens; downloadable mobile applications for the capture, storage and sharing of video, audio, and measured data. |
|
| ADDITIONAL STATEMENTS SECTION | |
| MISCELLANEOUS STATEMENT | It is respectfully requested that the goods listed in class 9 be divided into two separate applications for registration on the Principal Register. Instant application serial number 88/114,181 will retain originally filed goods, "Speed measuring devices, namely, radar receivers and transmitters," which support the 2(f) claim of acquired distinctiveness. The remaining goods, "Smart digital display screens; downloadable mobile applications for the capture, storage and sharing of video, audio, and measured data" which do not support the 2(f) claim of acquired distinctiveness shall become a daughter application for registration on the Principal Register. |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Craig M. Stainbrook/ |
| SIGNATORY'S NAME | Craig M. Stainbrook |
| SIGNATORY'S POSITION | Associate Attorney, Stainbrook & Stainbrook, LLP, California Bar Member |
| SIGNATORY'S PHONE NUMBER | 707-578-9333 |
| DATE SIGNED | 06/25/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue Jun 25 18:16:18 EDT 2019 |
| TEAS STAMP | USPTO/ROA-XXX.XX.XXX.XXX- 20190625181618897216-8811 4181-620bbab3f3e626f83679 a32b730c76d98d2a72e4b6561 8687607864fb250b1beba-N/A -N/A-20190625180300504204 |
| 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) |
Arguments in Support of Registration
Application Serial No. 88/114,181
POCKET RADAR & Design
In accordance with the examiner’s indications, in the Additional Statements Section, Applicant has requested that the instant application be divided as
to two groups of goods: (1) speed measuring devices, namely, radar receivers and transmitters, eligible under Section 2(f) as having a date of first use in commerce of 04/27/2010; and (2)
“smart digital display screens; downloadable mobile applications for the capture, storage and sharing of video, audio, and measured data” not similarly eligible under
Section 2(f), as they were first used in commerce in 2016 and 2018, respectively.
Thus, the issue of descriptiveness is moot as to the speed measuring devices.
The examiner contends that all of the goods listed within the class are descriptive in relation to the applied-for-mark. Applicant respectfully disagrees. Thus, pursuant to 367 C.F.R. §2.87, Applicant provides the following remarks responsive to the descriptiveness refusal as to smart digital display screens; downloadable mobile applications for the capture, storage and sharing of video, audio, and measured data.
These goods – visual display screen and mobile applications -- are accessories for a radar system. While it is true that they are not intended as standalone products and are sold within the product line of the Pocket Radar speed measuring device for use in connection with the Pocket Radar device, use of the speed measuring device does not require a large digital display or a downloadable mobile app; it is sufficient alone.
Further, the accessories need not be used at all with the speed measuring device and can be used with other systems.
Further still, the accessories are only two in a family of accessories not small enough to fit into a pocket and are not, themselves, radar units (and such a property could not possibly apply to the mobile app). Thus, as applied to such accessories, the applied-for mark does not describe an ingredient, characteristic, function, feature, purpose, or use of the Applicant’s goods. [Note: Applicant’s website www.pocketradar.com, shows accessories offered for sale for use in connection with the radar device consisting of such goods as lanyard straps, tripods, cables, and belt holsters.]
For the foregoing reasons, it is respectfully submitted that Applicant’s mark is not merely descriptive when used in connection with smart digital display screens; downloadable mobile applications for the capture, storage and sharing of video, audio, and measured data. Applicant therefore respectfully requests that a notice of publication issue in due course in the daughter application of this now divided application.
If for any reason the arguments above are not persuasive, Applicant respectfully requests registration on the Supplemental Register for use of the mark in connection with smart digital display screens; downloadable mobile applications for the capture, storage and sharing of video, audio, and measured data.