| 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 | 88132144 |
| LAW OFFICE ASSIGNED | LAW OFFICE 120 |
| MARK SECTION | |
| MARK FILE NAME | http://uspto.report/TM/88132144/mark.png |
| LITERAL ELEMENT | MISSION |
| STANDARD CHARACTERS | NO |
| USPTO-GENERATED IMAGE | NO |
| COLOR(S) CLAIMED (If applicable) |
The color(s) red, yellow, gold, black and white is/are claimed as a feature of the mark. |
| DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of a red rectangle with a yellow border outlined in black containing the word MISSION in white letters; above the rectangle is a bell tower containing a bell; the housing around the bell is yellow with a gold border outlined in white and black; the designs on either side of the opening containing the bell are gold; the bell is red with black shading/markings on the right side and gold and yellow shading/markings on the left side; the bell handle is black and the bar holding the bell is red with black markings and outlining; the half ring below the rectangle containing the word MISSION is yellow with a gold border outlined in white and black; the design of a pig in the area above the half ring is gold outlined in black on a red background; the banner below the rectangle containing the word MISSION is red outlined in black and gold. |
| ARGUMENT(S) | |
|
The Trademark Examining Attorney has raised two issues – (1) the description of the mark and the drawing differ and (2) the mark on the drawing and the specimen differ.
The description of the mark has been amended to read:
The mark consists of a red rectangle with a yellow border outlined in black containing the word MISSION in white; above the rectangle is a bell tower containing a bell; the housing around the bell is yellow with a gold border outlined in white and black and a white background; the designs on either side of the opening containing the bell are gold; the bell is red with black shading/markings on the right side and gold and yellow shading/markings on the left side; the bell handle is black and the bar holding the bell is red with black markings and outlining; the half ring below the rectangle containing the word MISSION is yellow with a gold border outlined in white and black; the design of a pig in the area above the half ring is gold outlined in black; the banner below the rectangle containing the word MISSION is red outlined in black and gold. All other instances of white represent transparent area only.
It will be seen that Applicant has adopted the description of the mark suggested by the Trademark Examining Attorney with the exception that “on a white background” referring to the background behind the pig has been deleted. This area is transparent and is white so it is indicative of “other instances of white represent transparent area only.”
The mark on the drawing and the specimen do not differ. In the drawing the “white” background behind the pig indicates a transparent background. The background behind the pig is not red. On the specimen, the background appears to be red because the goods are seen through it and they have a red hue.
In the circumstances, Applicant requests reconsideration and acceptance of its application. |
|
| ADDITIONAL STATEMENTS SECTION | |
| COLOR(S) CLAIMED (If applicable) |
The color(s) red, yellow, gold, black and white is/are claimed as a feature of the mark. |
| DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of a red rectangle with a yellow border outlined in black containing the word MISSION in white; above the rectangle is a bell tower containing a bell; the housing around the bell is yellow with a gold border outlined in white and black and a white background; the designs on either side of the opening containing the bell are gold; the bell is red with black shading/markings on the right side and gold and yellow shading/markings on the left side; the bell handle is black and the bar holding the bell is red with black markings and outlining; the half ring below the rectangle containing the word MISSION is yellow with a gold border outlined in white and black; the design of a pig in the area above the half ring is gold outlined in black; the banner below the rectangle containing the word MISSION is red outlined in black and gold. All other instances of white represent transparent area only. |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /johnmcone/ |
| SIGNATORY'S NAME | John M. Cone |
| SIGNATORY'S POSITION | Attorney of Record |
| SIGNATORY'S PHONE NUMBER | 972-826-4436 |
| DATE SIGNED | 04/03/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Apr 03 12:19:17 EDT 2019 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XX.XXX-2 0190403121917528751-88132 144-6202634299ab1982e5051 a6845a14c27f35fd6e6fbc92b 33340ff1448f46a8a2-N/A-N/ A-20190403120714571838 |
| 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 Trademark Examining Attorney has raised two issues – (1) the description of the mark and the drawing differ and (2) the mark on the drawing and the specimen differ.
The description of the mark has been amended to read:
The mark consists of a red rectangle with a yellow border outlined in black containing the word MISSION in white; above the rectangle is a bell tower containing a bell; the housing around the bell is yellow with a gold border outlined in white and black and a white background; the designs on either side of the opening containing the bell are gold; the bell is red with black shading/markings on the right side and gold and yellow shading/markings on the left side; the bell handle is black and the bar holding the bell is red with black markings and outlining; the half ring below the rectangle containing the word MISSION is yellow with a gold border outlined in white and black; the design of a pig in the area above the half ring is gold outlined in black; the banner below the rectangle containing the word MISSION is red outlined in black and gold. All other instances of white represent transparent area only.
It will be seen that Applicant has adopted the description of the mark suggested by the Trademark Examining Attorney with the exception that “on a white background” referring to the background behind the pig has been deleted. This area is transparent and is white so it is indicative of “other instances of white represent transparent area only.”
The mark on the drawing and the specimen do not differ. In the drawing the “white” background behind the pig indicates a transparent background. The background behind the pig is not red. On the specimen, the background appears to be red because the goods are seen through it and they have a red hue.
In the circumstances, Applicant requests reconsideration and acceptance of its application.