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 |
88294075 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 107 |
| MARK SECTION |
| MARK |
http://uspto.report/TM/88294075/mark.png |
| LITERAL ELEMENT |
GULO |
| 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) |
| TMEP Section 809 provides that a translation must be included where a mark "includes non-English wording." Here, the mark GULO is an
English word. Please see the attached definition from the Merriam-Webster online dictionary. Moreover, TMEP Section 809.01(b)(i) provides that it is generally unnecessary to provide a
translation of a foreign term appears in an English dictionary. Thus, even if GULO were considered a non-English word, the fact that it appears in an English dictionary makes a translation
statement unnecessary. Substituting a foreign translation for an English word is not only not required by the rules, but is misleading. Accordingly, Applicant respectfully
requests that the Examiner withdraw the translation requirement. |
| EVIDENCE SECTION |
| EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
evi_2072413166-20190501164130625614_._gulo_def.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\940\88294075\xml6\ROA0002.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\882\940\88294075\xml6\ROA0003.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\882\940\88294075\xml6\ROA0004.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\882\940\88294075\xml6\ROA0005.JPG |
| DESCRIPTION OF EVIDENCE FILE |
an English dictionary definition of the word GULO |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Marsha K. Hoover/ |
| SIGNATORY'S NAME |
Marsha K. Hoover |
| SIGNATORY'S POSITION |
Attorney of record, Illinois bar member |
| SIGNATORY'S PHONE NUMBER |
312 201 4000 |
| DATE SIGNED |
05/01/2019 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Wed May 01 17:08:20 EDT 2019 |
| TEAS STAMP |
USPTO/ROA-XXX.XXX.XX.XX-2
0190501170820600639-88294
075-62096cc2fadd26d735de1
cbb15bf29b7fe6244946de6b7
dd7dfe30924c226c7-N/A-N/A
-20190501164130625614 |
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.
88294075 GULO(Standard Characters, see http://uspto.report/TM/88294075/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
TMEP Section 809 provides that a translation must be included where a mark "includes non-English wording." Here, the mark GULO is an English word. Please see the attached definition
from the Merriam-Webster online dictionary. Moreover, TMEP Section 809.01(b)(i) provides that it is generally unnecessary to provide a translation of a foreign term appears in an English
dictionary. Thus, even if GULO were considered a non-English word, the fact that it appears in an English dictionary makes a translation statement unnecessary. Substituting a foreign
translation for an English word is not only not required by the rules, but is misleading. Accordingly, Applicant respectfully requests that the Examiner withdraw the translation
requirement.
EVIDENCE
Evidence in the nature of an English dictionary definition of the word GULO has been attached.
Original PDF file:
evi_2072413166-20190501164130625614_._gulo_def.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
SIGNATURE(S)
Response Signature
Signature: /Marsha K. Hoover/ Date: 05/01/2019
Signatory's Name: Marsha K. Hoover
Signatory's Position: Attorney of record, Illinois bar member
Signatory's Phone Number: 312 201 4000
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: 88294075
Internet Transmission Date: Wed May 01 17:08:20 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2019050117082060
0639-88294075-62096cc2fadd26d735de1cbb15
bf29b7fe6244946de6b7dd7dfe30924c226c7-N/
A-N/A-20190501164130625614
