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 1960 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
Request for Reconsideration after Final Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
88251276 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 108 |
| MARK SECTION |
| MARK |
http://uspto.report/TM/88251276/mark.png |
| LITERAL ELEMENT |
HEALTH AND SOLE |
| 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| The descriptiveness refusal should be withdrawn because the mark is a Non-Descriptive Combination of Descriptive Terms. The commercial impression
of a composite mark may be arbitrary or suggestive even though its separate parts are descriptive. ? 11:26.Nondescriptive composite of descriptive terms, 2 McCarthy on Trademarks and Unfair
Competition ? 11:26 (5th ed.) Applicant's HEALTH AND SOLE is an incongruent pun on the 1938 popular song "Heart and Soul" by Hoagy Carmichael with lyrics by Frank Loesser that has since been recorded
by many, many others. |
| EVIDENCE SECTION |
| EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
evi_751681937-20191024141225070313_._d_Soul__Hoagy_Carmichael_and_Frank_Loesser_song__-_Wikipedia.pdf |
CONVERTED PDF FILE(S)
(3 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\512\88251276\xml8\RFR0002.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\882\512\88251276\xml8\RFR0003.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\882\512\88251276\xml8\RFR0004.JPG |
| DESCRIPTION OF EVIDENCE FILE |
Wikipedia article on "Heart and Soul" |
| ATTORNEY SECTION (new) |
| NAME |
Wendy Peterson |
| ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
| YEAR OF ADMISSION |
XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
| FIRM NAME |
Not Just Patents LLC |
| STREET |
1248 Victoria St N |
| CITY |
St.Paul |
| STATE |
Minnesota |
| POSTAL CODE |
55117 |
| COUNTRY |
United States |
| PHONE |
6515007590 |
| EMAIL |
wsp@njpls.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| CORRESPONDENCE SECTION (current) |
| NAME |
STRONG CURRENT ENTERPRISES LIMITED |
| FIRM NAME |
STRONG CURRENT ENTERPRISES LIMITED |
| INTERNAL ADDRESS |
SUITE 2201, CHINACHEM CENTURY TOWER |
| STREET |
178 GLOUCESTER ROAD, WANCHAI |
| CITY |
WANCHAI |
| POSTAL CODE |
999077 |
| COUNTRY |
HK |
| EMAIL |
ericka.singson@dfo.global; ericka.singson@dfo.global |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| CORRESPONDENCE SECTION (proposed) |
| NAME |
Wendy Peterson |
| FIRM NAME |
Not Just Patents LLC |
| STREET |
1248 Victoria St N |
| CITY |
St.Paul |
| STATE |
Minnesota |
| POSTAL CODE |
55117 |
| COUNTRY |
United States |
| PHONE |
6515007590 |
| EMAIL |
wsp@njpls.com; wspnjpls@gmail.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Wendy Peterson/ |
| SIGNATORY'S NAME |
Wendy Peterson |
| SIGNATORY'S POSITION |
Attorney of record, Minnesota and Michigan bar member |
| SIGNATORY'S PHONE NUMBER |
6515007590 |
| DATE SIGNED |
10/24/2019 |
| AUTHORIZED SIGNATORY |
YES |
| CONCURRENT APPEAL NOTICE FILED |
NO |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Thu Oct 24 14:30:08 EDT 2019 |
| TEAS STAMP |
USPTO/RFR-XX.XXX.XXX.X-20
191024143008430865-882512
76-610fc9034ac1492c3b3c75
5d4b0ca1010d115511f88dc8f
23de1dbcd0c068fdcfac-N/A-
N/A-20191024141225070313 |
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 1960 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
Request for Reconsideration after Final Action
To the Commissioner for Trademarks:
Application serial no.
88251276 HEALTH AND SOLE(Standard Characters, see http://uspto.report/TM/88251276/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
The descriptiveness refusal should be withdrawn because the mark is a Non-Descriptive Combination of Descriptive Terms. The commercial impression of a composite mark may be arbitrary or suggestive
even though its separate parts are descriptive. ? 11:26.Nondescriptive composite of descriptive terms, 2 McCarthy on Trademarks and Unfair Competition ? 11:26 (5th ed.) Applicant's HEALTH AND SOLE is
an incongruent pun on the 1938 popular song "Heart and Soul" by Hoagy Carmichael with lyrics by Frank Loesser that has since been recorded by many, many others.
EVIDENCE
Evidence in the nature of Wikipedia article on "Heart and Soul" has been attached.
Original PDF file:
evi_751681937-20191024141225070313_._d_Soul__Hoagy_Carmichael_and_Frank_Loesser_song__-_Wikipedia.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
The applicant hereby appoints Wendy Peterson. Wendy Peterson of Not Just Patents LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
1248 Victoria St N
St.Paul, Minnesota 55117
United States
to submit this Request for Reconsideration after Final Action on behalf of the applicant.
The phone number is 6515007590.
The email address is wsp@njpls.com
Wendy Peterson submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S.
Commonwealth or territory.
The applicant's current correspondence information: STRONG CURRENT ENTERPRISES LIMITED. STRONG CURRENT ENTERPRISES LIMITED of STRONG CURRENT ENTERPRISES LIMITED, is located at
SUITE 2201, CHINACHEM CENTURY TOWER
178 GLOUCESTER ROAD, WANCHAI
WANCHAI, 999077
HK
The email address is ericka.singson@dfo.global; ericka.singson@dfo.global
The applicants proposed correspondence information: Wendy Peterson. Wendy Peterson of Not Just Patents LLC, is located at
1248 Victoria St N
St.Paul, Minnesota 55117
United States
The phone number is 6515007590.
The email address is wsp@njpls.com; wspnjpls@gmail.com
SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Wendy Peterson/ Date: 10/24/2019
Signatory's Name: Wendy Peterson
Signatory's Position: Attorney of record, Minnesota and Michigan bar member
Signatory's Phone Number: 6515007590
The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and
any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed
revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter;
or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.
The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.
Mailing Address: STRONG CURRENT ENTERPRISES LIMITED
STRONG CURRENT ENTERPRISES LIMITED
SUITE 2201, CHINACHEM CENTURY TOWER
178 GLOUCESTER ROAD, WANCHAI
WANCHAI, 999077
Mailing Address: Wendy Peterson
Not Just Patents LLC
1248 Victoria St N
St.Paul, Minnesota 55117
Serial Number: 88251276
Internet Transmission Date: Thu Oct 24 14:30:08 EDT 2019
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.X-20191024143008430
865-88251276-610fc9034ac1492c3b3c755d4b0
ca1010d115511f88dc8f23de1dbcd0c068fdcfac
-N/A-N/A-20191024141225070313
