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 | 88293660 |
LAW OFFICE ASSIGNED | LAW OFFICE 128 |
MARK SECTION | |
MARK FILE NAME | http://uspto.report/TM/88293660/mark.png |
LITERAL ELEMENT | NEYT NEW ENGLAND YOUTH THEATRE |
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 stylized letters "NEYT" in large all capital letters, with the stylized words "NEW ENGLAND" in smaller all capital letters under the letters "NEYT", and the stylized words "YOUTH THEATRE" also in smaller all capital letters under the words "NEW ENGLAND", and the color black represents background and/or transparent area and is not part of the mark. |
ADDITIONAL STATEMENTS SECTION | |
DISCLAIMER | No claim is made to the exclusive right to use YOUTH THEATRE apart from the mark as shown. |
MISCELLANEOUS STATEMENT | The Office Action requests a disclaimer of "NEW ENGLAND YOUTH THEATRE" on the ground that this wording is not inherently distinctive. Applicant submits that the "NEW ENGLAND YOUTH THEATRE" portion of the mark has acquired distinctiveness through use of the wording by itself. See, e.g. Reg. No. 3637844 for Applicant's NEW ENGLAND YOUTH THEATRE and Design mark, which features this same wording on its own and has a March 12, 1999 first use date. A copy is attached as Exhibit A. Therefore, while Applicant has disclaimed the "YOUTH THEATRE" portion of the mark, it respectfully submits that no disclaimer of "NEW ENGLAND" is required. See TMEP §1212.02(f)(ii)(A). |
MISCELLANEOUS FILE NAME(S) | |
ORIGINAL PDF FILE | mis-44911274-20190819140258900123_._Exhibit_A.pdf |
CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\882\936\88293660\xml7\ROA0002.JPG |
SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Five or More Years' Use | NEW ENGLAND YOUTH THEATRE has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement. |
ATTORNEY SECTION (current) | |
NAME | Cathleen E. Stadecker |
ATTORNEY BAR MEMBERSHIP NUMBER | NOT SPECIFIED |
YEAR OF ADMISSION | NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY | NOT SPECIFIED |
FIRM NAME | DOWNS RACHLIN MARTIN PLLC |
STREET | 199 MAIN STREET, PO BOX 190 |
CITY | BURLINGTON |
STATE | Vermont |
POSTAL CODE | 05402-0190 |
COUNTRY | US |
PHONE | 802-863-2375 |
FAX | 802-862-7512 |
tmip@drm.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 10149006UST1 |
ATTORNEY SECTION (proposed) | |
NAME | Cathleen E. Stadecker |
ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
YEAR OF ADMISSION | XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
FIRM NAME | DOWNS RACHLIN MARTIN PLLC |
STREET | 199 MAIN STREET, PO BOX 190 |
CITY | BURLINGTON |
STATE | Vermont |
POSTAL CODE | 05402-0190 |
COUNTRY | United States |
PHONE | 802-863-2375 |
FAX | 802-862-7512 |
tmip@drm.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 10149006UST1 |
OTHER APPOINTED ATTORNEY | Lawrence H. Meier, Peter Kunin, William J. Morris III |
CORRESPONDENCE SECTION (current) | |
NAME | CATHLEEN E. STADECKER |
FIRM NAME | DOWNS RACHLIN MARTIN PLLC |
STREET | 199 MAIN STREET, PO BOX 190 |
CITY | BURLINGTON |
STATE | Vermont |
POSTAL CODE | 05402-0190 |
COUNTRY | US |
PHONE | 802-863-2375 |
FAX | 802-862-7512 |
tmip@drm.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 10149006UST1 |
CORRESPONDENCE SECTION (proposed) | |
NAME | Cathleen E. Stadecker |
FIRM NAME | DOWNS RACHLIN MARTIN PLLC |
STREET | 199 MAIN STREET, PO BOX 190 |
CITY | BURLINGTON |
STATE | Vermont |
POSTAL CODE | 05402-0190 |
COUNTRY | United States |
PHONE | 802-863-2375 |
FAX | 802-862-7512 |
tmip@drm.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 10149006UST1 |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /cathleen e stadecker/ |
SIGNATORY'S NAME | Cathleen E. Stadecker |
SIGNATORY'S POSITION | Attorney of record, VT and CA bar member |
SIGNATORY'S PHONE NUMBER | 802-863-2375 |
DATE SIGNED | 08/19/2019 |
RESPONSE SIGNATURE | /cathleen e stadecker/ |
SIGNATORY'S NAME | Cathleen E. Stadecker |
SIGNATORY'S POSITION | Attorney of record, CA and VT bar member |
SIGNATORY'S PHONE NUMBER | 802-846-8618 |
DATE SIGNED | 08/19/2019 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Mon Aug 19 16:08:15 EDT 2019 |
TEAS STAMP | USPTO/ROA-X.XX.XXX.XX-201 90819160815327206-8829366 0-610f58fb724ca596cf64965 c6722720a5b2582c5052d986d 61d25b43ed5683-N/A-N/A-20 190819140258900123 |
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) |
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.