Response to Office Action

EZ-DISSOLV

CASCADES CANADA ULC

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 88155025
LAW OFFICE ASSIGNED LAW OFFICE 100
MARK SECTION
MARK http://uspto.report/TM/88155025/mark.png
LITERAL ELEMENT EZ-DISSOLV
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 examiner has refused registration on the grounds that the EZ-DISSOLV is merely descriptive of the goods.  The goods here are paper towels and wipes.  The words "EASY DISSOLVE" do not immediately identify any function or characteristic of the goods.  Absent more, a purchaser is unlikely to be sure whether the words are intended to suggest that the towels or wipes themselves are "easy to dissolve" (and thus, perhaps, are readily biogradable) (as the examiner suggests) or--instead--whether the towels or wipes can be used to "easily dissolve" dirt or messes.   

The examiner provided no evidence of the term EASY DISOLVE being used on any towels or wipes sold in the US.  She found one example of the term being used on goods offered in South Africa, one example of the term being used in a discussion thread about travel on boats, one example of the term being used in a trailer inventory, and one example of a Chinese manufacturer using the phrase to describe products that it can provide to wholesalers and retailers.  Such limited evidence of a term that could have another meaning to US consumers of the products at issue should not preclude registration of the mark at issue here. 


SIGNATURE SECTION
RESPONSE SIGNATURE /rmlabarge/
SIGNATORY'S NAME Richard M. LaBarge
SIGNATORY'S POSITION Attorney
SIGNATORY'S PHONE NUMBER 312 474-6646
DATE SIGNED 07/23/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Jul 23 14:34:21 EDT 2019
TEAS STAMP USPTO/ROA-XX.XXX.XX.XXX-2
0190723143421889460-88155
025-6207443495027c351b8fe
6ec6d1c9a1888757e3d6587c4
8254a7b0664df46c4a1b-N/A-
N/A-20190723141006279099



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. 88155025 EZ-DISSOLV(Standard Characters, see http://uspto.report/TM/88155025/mark.png) has been amended as follows:

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

The examiner has refused registration on the grounds that the EZ-DISSOLV is merely descriptive of the goods.  The goods here are paper towels and wipes.  The words "EASY DISSOLVE" do not immediately identify any function or characteristic of the goods.  Absent more, a purchaser is unlikely to be sure whether the words are intended to suggest that the towels or wipes themselves are "easy to dissolve" (and thus, perhaps, are readily biogradable) (as the examiner suggests) or--instead--whether the towels or wipes can be used to "easily dissolve" dirt or messes.   

The examiner provided no evidence of the term EASY DISOLVE being used on any towels or wipes sold in the US.  She found one example of the term being used on goods offered in South Africa, one example of the term being used in a discussion thread about travel on boats, one example of the term being used in a trailer inventory, and one example of a Chinese manufacturer using the phrase to describe products that it can provide to wholesalers and retailers.  Such limited evidence of a term that could have another meaning to US consumers of the products at issue should not preclude registration of the mark at issue here. 




SIGNATURE(S)
Response Signature
Signature: /rmlabarge/     Date: 07/23/2019
Signatory's Name: Richard M. LaBarge
Signatory's Position: Attorney

Signatory's Phone Number: 312 474-6646

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: 88155025
Internet Transmission Date: Tue Jul 23 14:34:21 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019072314342188
9460-88155025-6207443495027c351b8fe6ec6d
1c9a1888757e3d6587c48254a7b0664df46c4a1b
-N/A-N/A-20190723141006279099



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