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 NUMBER88159024
LAW OFFICE ASSIGNEDLAW OFFICE 110
MARK SECTION
MARK https://tmng-al.uspto.gov/resting2/api/img/88159024/large
LITERAL ELEMENT PROTECTOR
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)

Attorney Docket No.:  16120-210

 

Remarks for Office Action

 

 

This communication is in response to the Office Action mailed December 14, 2018, with respect to the above-identified application.  Please reconsider the rejection in view of the amendments and arguments set forth below. 

 

The undersigned gratefully acknowledges that a search has been made and that no marks have been found that would bar registration under Trademark Act Section 2(d).


In the above-identified Office Action, the Trademark Attorney has refused registration of the mark under § 2(e)(1) of the Trademark Act.  The Trademark Attorney has asserted that the applied-for mark merely describes a feature of the applicant’s good and/or services.

 

Submitted herewith is an amendment requesting registration on the Supplemental Register. The Office Action notes on page 2 that such an amendment is not appropriate in this case, asserting the application was filed based on intent-to-use Section 1(b).  However, this is believed to be in error, and the application was in-fact filed based on use under Section 1(a).   For these reasons, favorable consideration is respectfully requested.

 

Conclusion

In view of all of the foregoing, Applicant respectfully requests that the informalities in the Office Action have been addressed, and that this mark be passed to publication.  If the Examining Attorney believes that personal communication will expedite prosecution of this application, the Trademark Attorney is invited to telephone the undersigned at (734) 302-6011.  Attorneys for Applicant are available to discuss any questions or issues raised by this Response and to assist the Trademark Attorney in any other way.

ADDITIONAL STATEMENTS SECTION
SUPPLEMENTAL REGISTER The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register').
SIGNATURE SECTION
RESPONSE SIGNATURE /Michael N Spink/
SIGNATORY'S NAME Michael N. Spink
SIGNATORY'S POSITION Attorney of Record, Michigan and Illinois bar member
SIGNATORY'S PHONE NUMBER 734-302-6011
DATE SIGNED 06/14/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Jun 14 15:07:51 EDT 2019
TEAS STAMP USPTO/ROA-XX.XXX.XX.XXX-2
0190614150751076885-88159
024-620cf859b78b02cec8d53
4732099e09c4d356d3f1788e2
d974e24cb71b9a4211b3-N/A-
N/A-20190614145217640287



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. 88159024 PROTECTOR(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/88159024/large) has been amended as follows:

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

Attorney Docket No.:  16120-210

 

Remarks for Office Action

 

 

This communication is in response to the Office Action mailed December 14, 2018, with respect to the above-identified application.  Please reconsider the rejection in view of the amendments and arguments set forth below. 

 

The undersigned gratefully acknowledges that a search has been made and that no marks have been found that would bar registration under Trademark Act Section 2(d).


In the above-identified Office Action, the Trademark Attorney has refused registration of the mark under § 2(e)(1) of the Trademark Act.  The Trademark Attorney has asserted that the applied-for mark merely describes a feature of the applicant’s good and/or services.

 

Submitted herewith is an amendment requesting registration on the Supplemental Register. The Office Action notes on page 2 that such an amendment is not appropriate in this case, asserting the application was filed based on intent-to-use Section 1(b).  However, this is believed to be in error, and the application was in-fact filed based on use under Section 1(a).   For these reasons, favorable consideration is respectfully requested.

 

Conclusion

In view of all of the foregoing, Applicant respectfully requests that the informalities in the Office Action have been addressed, and that this mark be passed to publication.  If the Examining Attorney believes that personal communication will expedite prosecution of this application, the Trademark Attorney is invited to telephone the undersigned at (734) 302-6011.  Attorneys for Applicant are available to discuss any questions or issues raised by this Response and to assist the Trademark Attorney in any other way.



ADDITIONAL STATEMENTS
Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register').


SIGNATURE(S)
Response Signature
Signature: /Michael N Spink/     Date: 06/14/2019
Signatory's Name: Michael N. Spink
Signatory's Position: Attorney of Record, Michigan and Illinois bar member

Signatory's Phone Number: 734-302-6011

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: 88159024
Internet Transmission Date: Fri Jun 14 15:07:51 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019061415075107
6885-88159024-620cf859b78b02cec8d5347320
99e09c4d356d3f1788e2d974e24cb71b9a4211b3
-N/A-N/A-20190614145217640287