Response to Office Action

DISPOSABLE FLY TRAP ADD WATER. SUBTRACTFLIES.

Sterling International Inc.

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 88232111
LAW OFFICE ASSIGNED LAW OFFICE 104
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88232111/mark.png
LITERAL ELEMENT DISPOSABLE FLY TRAP ADD WATER. SUBTRACT FLIES.
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
The color(s) green, yellow green, gray and black is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of a design applied to the front and back of the goods. The front in the lower half is divided by a green arch separating a yellow green field from a gray field that includes lighter gray squares in the background. The yellow green field is stippled with fine white dots. The stippling does not indicate color. Over the gray squares are the words in black with "disposable" above the words "fly trap," in larger font, over the words "add water. subtract flies." Above the "p" in "trap" is a stylized image of a fly with red eyes. In the upper half above the gray and green field is a cross hatch design. At the top of the image is a half circle with three images of a scissors. The top half of the image of the back of the back label is a mirror image of the front. The lower half of the back image shows a centered gray field containing an illustration with images numbered in green 1 through 8 illustrating instructions on use of the goods that includes scissors, hands, and water pitcher.
LEGAL ENTITY SECTION (current)
TYPE APPLICANT ENTERED NO DATA
LEGAL ENTITY SECTION (proposed)
TYPE corporation
STATE/COUNTRY OF INCORPORATION Washington
ARGUMENT(S)

In response to the Office Action dated March 20, 2019, Applicant responds by (1) updating the Entity status and state of incorporation, (2) entering a disclaimer and (3) amending the mark description and color claim.

If the Trademark Examining Attorney has any remaining questions, please contact the attorney of record.



ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use "DISPOSABLE" and "FLY TRAP" and the design of the fly apart from the mark as shown.
COLOR(S) CLAIMED
(If applicable)
The color(s) green, yellow green, gray, black, red 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 design applied to the front and back of the goods each contained within a black rectangle. The front in the lower half is divided by a green arch separating a yellow green field from a gray field that includes white squares in the background. The yellow green field is stippled with fine white dots. Over the gray squares are the words "disposable" in black above "fly trap," in larger black font with gray and black edging, over the words "add water. subtract flies." in black. Above the "p" in "trap" is a stylized image of a black, white and green fly with red eyes. In the upper half above the gray and green field is a cross hatch design consisting of black squares against a white background. At the top of the image is a half circle with three images of black scissors. The top half of the image of the back of the back label is a mirror image of the front cross hatch design. The lower half of the back image shows a centered gray field containing an illustration with black and white images numbered in light green 1 through 8 illustrating instructions on use of the goods that includes scissors, hands, and water pitcher.
SIGNATURE SECTION
RESPONSE SIGNATURE /Everett E. Fruehling/
SIGNATORY'S NAME Everett E. Fruehling
SIGNATORY'S POSITION Attorney of Record, Washington State bar member
SIGNATORY'S PHONE NUMBER 206.695.1743
DATE SIGNED 04/30/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Apr 30 17:17:30 EDT 2019
TEAS STAMP USPTO/ROA-XX.XXX.XX.XX-20
190430171730670155-882321
11-620954132b44510a18dc58
78111184fa20b44cc0c7feb86
7f0956784b91399f98-N/A-N/
A-20190430145651179982



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. 88232111 DISPOSABLE FLY TRAP ADD WATER. SUBTRACT FLIES. (Stylized and/or with Design, see http://uspto.report/TM/88232111/mark.png) has been amended as follows:

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

In response to the Office Action dated March 20, 2019, Applicant responds by (1) updating the Entity status and state of incorporation, (2) entering a disclaimer and (3) amending the mark description and color claim.

If the Trademark Examining Attorney has any remaining questions, please contact the attorney of record.





APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Sterling International Inc. having an address of
      3808 N. Sullivan Road, Bldg 16
      Spokane, Washington 99216
      United States

Proposed: Sterling International Inc., a corporation of Washington, having an address of
      3808 N. Sullivan Road, Bldg 16
      Spokane, Washington 99216
      United States

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "DISPOSABLE" and "FLY TRAP" and the design of the fly apart from the mark as shown.


Color Claim
The color(s) green, yellow green, gray, black, red and white is/are claimed as a feature of the mark.

Description of mark
The mark consists of a design applied to the front and back of the goods each contained within a black rectangle. The front in the lower half is divided by a green arch separating a yellow green field from a gray field that includes white squares in the background. The yellow green field is stippled with fine white dots. Over the gray squares are the words "disposable" in black above "fly trap," in larger black font with gray and black edging, over the words "add water. subtract flies." in black. Above the "p" in "trap" is a stylized image of a black, white and green fly with red eyes. In the upper half above the gray and green field is a cross hatch design consisting of black squares against a white background. At the top of the image is a half circle with three images of black scissors. The top half of the image of the back of the back label is a mirror image of the front cross hatch design. The lower half of the back image shows a centered gray field containing an illustration with black and white images numbered in light green 1 through 8 illustrating instructions on use of the goods that includes scissors, hands, and water pitcher.

SIGNATURE(S)
Response Signature
Signature: /Everett E. Fruehling/     Date: 04/30/2019
Signatory's Name: Everett E. Fruehling
Signatory's Position: Attorney of Record, Washington State bar member

Signatory's Phone Number: 206.695.1743

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: 88232111
Internet Transmission Date: Tue Apr 30 17:17:30 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20190430171730670
155-88232111-620954132b44510a18dc5878111
184fa20b44cc0c7feb867f0956784b91399f98-N
/A-N/A-20190430145651179982



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