Response to Office Action

BLACKMORES

Blackmores Limited

Response to Office Action

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88147840
LAW OFFICE ASSIGNED LAW OFFICE 124
MARK SECTION
MARK http://uspto.report/TM/88147840/mark.png
LITERAL ELEMENT BLACKMORES
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 Office action refused registration on the basis that the applied-for mark is primarily merely a surname.  Applicant now makes of record a declaration that the mark has become distinctive of the applied-for goods through Applicant’s substantially exclusive and continuous use of the applied-for mark in commerce for at least the five years immediately before the date of this statement.  Applicant respectfully requests that this application be approved for publication.
ADDITIONAL STATEMENTS SECTION
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.
SIGNATURE SECTION
       ORIGINAL PDF FILE HS_20671224226-183153672_._tion_in_Support_of_Acquired_Distinctiveness__F2977721x96B9E_.pdf
       CONVERTED PDF FILE(S)
       (2 pages)
\\TICRS\EXPORT17\IMAGEOUT17\881\478\88147840\xml4\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\478\88147840\xml4\ROA0003.JPG
SIGNATORY'S NAME Cecile Cooper
SIGNATORY'S POSITION Company Secretary
RESPONSE SIGNATURE /kl/
SIGNATORY'S NAME Karen Lim
SIGNATORY'S POSITION Attorney of record, New York bar member
SIGNATORY'S PHONE NUMBER 2128135900
DATE SIGNED 03/19/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Mar 19 19:14:39 EDT 2019
TEAS STAMP USPTO/ROA-XXX.XX.XXX.XXX-
20190319191439714182-8814
7840-62092264bf26dc39db6f
5c569abe21017403793a2776b
4574a06ea3a2b085ba86ca-N/
A-N/A-2019031918315367267
9



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)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 88147840 BLACKMORES(Standard Characters, see http://uspto.report/TM/88147840/mark.png) has been amended as follows:

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

The Office action refused registration on the basis that the applied-for mark is primarily merely a surname.  Applicant now makes of record a declaration that the mark has become distinctive of the applied-for goods through Applicant’s substantially exclusive and continuous use of the applied-for mark in commerce for at least the five years immediately before the date of this statement.  Applicant respectfully requests that this application be approved for publication.

ADDITIONAL STATEMENTS
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_20671224226-183153672_._tion_in_Support_of_Acquired_Distinctiveness__F2977721x96B9E_.pdf
Converted PDF file(s) (2 pages)
Signature File1
Signature File2
Signatory's Name: Cecile Cooper
Signatory's Position: Company Secretary

Response Signature
Signature: /kl/     Date: 03/19/2019
Signatory's Name: Karen Lim
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 2128135900

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's/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 owner/holder 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's/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.

        
Serial Number: 88147840
Internet Transmission Date: Tue Mar 19 19:14:39 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201903191914397
14182-88147840-62092264bf26dc39db6f5c569
abe21017403793a2776b4574a06ea3a2b085ba86
ca-N/A-N/A-20190319183153672679


Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]


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