| 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 | 88155504 |
| LAW OFFICE ASSIGNED | LAW OFFICE 121 |
| MARK SECTION | |
| MARK | http://uspto.report/TM/88155504/mark.png |
| LITERAL ELEMENT | SUPERIOR |
| 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) | |
|
Applicant respectfully traverses the refusal and requests that this application be approved for publication in light of similar prior registered marks. The USPTO has allowed registration of multiple marks containing literal elements identical to the applied-for mark without a “merely descriptive” refusal. For instance, U.S. Registration No. 5,150,368 for a stylized design containing the literal element SUPERIOR was applied for on July 5, 2016, in, among others, International Class 028 and subsequently registered on February 28, 2017. The mark was never refused for being merely descriptive, in fact, no Office Action was ever issued. Similarly, U.S. Registration Nos. 4,155,554 (for SUPERIOR CHEER in IC028 for use with cheerleading pom-poms) and 2,837,378 (for SUPERIOR DEFENDER GUNDAM in IC028 for use with video games) contain the literal element SUPERIOR as the dominant first term. No “merely descriptive” rejection was ever issued on either of these registrations. All three of the registrations mentioned above and the applied-for mark in this case are virtually identical in terms of appearance, sound and commercial impression. Specifically, the marks are similar in that all marks contain the literal term SUPERIOR and are pronounced similarly. Based on the previously registered marks containing the literal element SUPERIOR, Applicant requests that the Examiner approve Applicant’s mark for publication in the Official Gazette. |
|
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Terry M. Sanks/ |
| SIGNATORY'S NAME | Terry M. Sanks |
| SIGNATORY'S POSITION | Attorney of record, Florida bar member |
| SIGNATORY'S PHONE NUMBER | 407-926-7707 |
| DATE SIGNED | 07/24/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Jul 24 10:28:16 EDT 2019 |
| TEAS STAMP | USPTO/ROA-XX.XX.XXX.XXX-2 0190724102816574074-88155 504-62086c818f39e6155366a 4d0d8d568a27472b46f052611 937c38501bb2754a-N/A-N/A- 20190724102331356389 |
| 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) |
Applicant respectfully traverses the refusal and requests that this application be approved for publication in light of similar prior registered marks.
The USPTO has allowed registration of multiple marks containing literal elements identical to the applied-for mark without a “merely descriptive” refusal. For instance, U.S. Registration No. 5,150,368 for a stylized design containing the literal element SUPERIOR was applied for on July 5, 2016, in, among others, International Class 028 and subsequently registered on February 28, 2017. The mark was never refused for being merely descriptive, in fact, no Office Action was ever issued.
Similarly, U.S. Registration Nos. 4,155,554 (for SUPERIOR CHEER in IC028 for use with cheerleading pom-poms) and 2,837,378 (for SUPERIOR DEFENDER GUNDAM in IC028 for use with video games) contain the literal element SUPERIOR as the dominant first term. No “merely descriptive” rejection was ever issued on either of these registrations. All three of the registrations mentioned above and the applied-for mark in this case are virtually identical in terms of appearance, sound and commercial impression. Specifically, the marks are similar in that all marks contain the literal term SUPERIOR and are pronounced similarly.
Based on the previously registered marks containing the literal element SUPERIOR, Applicant requests that the Examiner approve Applicant’s mark for publication in the Official Gazette.