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 | 88278852 |
LAW OFFICE ASSIGNED | LAW OFFICE 115 |
MARK SECTION | |
MARK FILE NAME | http://uspto.report/TM/88278852/mark.png |
LITERAL ELEMENT | DUCHESS |
STANDARD CHARACTERS | NO |
USPTO-GENERATED IMAGE | NO |
COLOR(S) CLAIMED (If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of the word Duchess and a stylized crown. |
ARGUMENT(S) | |
This is responsive to the Office Action dated April 9, 2019. The Examining Attorney initially refused registration pursuant to Section 2(d) of the Lanham Act alleging likelihood of confusion with the mark in U.S. Reg.
No. 1746185. Applicant confirms it is the owner of that registration and submits herewith a declaration to that effect. Hence, the Section
2(d) refusal should be rendered moot. In addition, Applicant has inserted the amended mark description language as provided by the Examining Attorney. All issues having been addressed, the application is believed to be in condition for acceptance and publication. Early notice to that effect is solicited. |
|
ADDITIONAL STATEMENTS SECTION | |
DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of the stylized word "Duchess" appearing below the design of a stylized crown. |
ACTIVE PRIOR REGISTRATION(S) | The applicant claims ownership of active prior U.S. Registration Number(s) 1746185. |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /sandramkoenig/ |
SIGNATORY'S NAME | Sandra M. Koenig |
SIGNATORY'S POSITION | Attorney of record, Ohio bar member |
SIGNATORY'S PHONE NUMBER | 216-363-9137 |
DATE SIGNED | 04/29/2019 |
RESPONSE SIGNATURE | /sandramkoenig/ |
SIGNATORY'S NAME | Sandra M. Koenig |
SIGNATORY'S POSITION | Attorney of record, Ohio bar member |
SIGNATORY'S PHONE NUMBER | 216-363-9137 |
DATE SIGNED | 04/29/2019 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Mon Apr 29 13:29:44 EDT 2019 |
TEAS STAMP | USPTO/ROA-XX.XX.XXX.XXX-2 0190429132944211008-88278 852-62020f0a0a3a19799fec9 2e84a83fad567866b725067b1 e47e6d91d9f08efb382-N/A-N /A-20190429132258349955 |
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) |
This is responsive to the Office Action dated April 9, 2019.
The Examining Attorney initially refused registration pursuant to Section 2(d) of the Lanham Act alleging likelihood of confusion with the mark in U.S. Reg.
No. 1746185.
Applicant confirms it is the owner of that registration and submits herewith a declaration to that effect. Hence, the Section
2(d) refusal should be rendered moot.
In addition, Applicant has inserted the amended mark description language as provided by the Examining Attorney.
All issues having been addressed, the application is believed to be in condition for acceptance and publication. Early notice to that effect is solicited.
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.