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 | 88296559 |
LAW OFFICE ASSIGNED | LAW OFFICE 122 |
MARK SECTION | |
MARK | http://uspto.report/TM/88296559/mark.png |
LITERAL ELEMENT | CARLYLE |
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) | |
Applicant thanks the Office for advising that the trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d).
The Office refuses registration alleging that the specimen displays the mark as CARLYLE QUAINT, whereas the drawing filed with the application displays the mark as CARLYLE. Applicant respectfully disagrees. The term CARLYLE is used by Applicant in connection with multiple font families based on fonts originally designed by Paul Carlyle (deceased) for the Photo-Lettering foundry. Applicant is the owner of all rights in the Photo-lettering portfolio. See, e.g., U.S. TM Reg. Nos. 3,021,706; 4,359,154; 3,890,226; and 4,220,248 for PHOTO-LETTERING in standard characters and stylized form, in connection with multiple classes. Applicant uses CARLYLE as a primary mark with multiple secondary marks, and therefore CARLYLE serves as an indicator of source separate and apart from the trailing name that refers to a specific group in the CARLYLE family. Attached are additional specimens showing use of the mark in connection with fonts branded as CARLYLE EVENTIDE, CARLYLE MYSTIQUE and CARLYLE ROCCOCO in association with Applicant’s Photo-Lettering foundry.
For the foregoing reasons, applicant respectfully requests withdrawal of the refusal to register and approval of the application for publication. |
|
EVIDENCE SECTION | |
EVIDENCE FILE NAME(S) | |
ORIGINAL PDF FILE | evi_216129152132-20190411081343609212_._Carlyle_Eventide.pdf |
CONVERTED PDF FILE(S) (2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\965\88296559\xml4\ROA0002.JPG |
\\TICRS\EXPORT17\IMAGEOUT17\882\965\88296559\xml4\ROA0003.JPG | |
ORIGINAL PDF FILE | evi_216129152132-20190411081343609212_._Carlyle_Mystique.pdf |
CONVERTED PDF FILE(S) (2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\965\88296559\xml4\ROA0004.JPG |
\\TICRS\EXPORT17\IMAGEOUT17\882\965\88296559\xml4\ROA0005.JPG | |
ORIGINAL PDF FILE | evi_216129152132-20190411081343609212_._Carlyle_Roccoco.pdf |
CONVERTED PDF FILE(S) (2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\965\88296559\xml4\ROA0006.JPG |
\\TICRS\EXPORT17\IMAGEOUT17\882\965\88296559\xml4\ROA0007.JPG | |
DESCRIPTION OF EVIDENCE FILE | additional specimens showing use of the mark in connection with fonts branded as CARLYLE EVENTIDE, CARLYLE MYSTIQUE and CARLYLE ROCCOCO in association with Applicant's Photo-Lettering foundry. |
SIGNATURE SECTION | |
RESPONSE SIGNATURE | /RexADonnelly/ |
SIGNATORY'S NAME | Rex A. Donnelly |
SIGNATORY'S POSITION | Attorney of Record, DE Bar Member |
SIGNATORY'S PHONE NUMBER | (302) 778-3460 |
DATE SIGNED | 04/11/2019 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Fri Apr 12 09:14:00 EDT 2019 |
TEAS STAMP | USPTO/ROA-XXX.XXX.XXX.XXX -20190412091400172159-882 96559-6205783399237c92a7c ee805b3ec5daf86c297992220 934dcf6d4ac1042687cc7-N/A -N/A-20190411081343609212 |
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) |
Applicant thanks the Office for advising that the trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d).
The Office refuses registration alleging that the specimen displays the mark as CARLYLE QUAINT, whereas the drawing filed with the application displays the mark as CARLYLE. Applicant respectfully disagrees. The term CARLYLE is used by Applicant in connection with multiple font families based on fonts originally designed by Paul Carlyle (deceased) for the Photo-Lettering foundry. Applicant is the owner of all rights in the Photo-lettering portfolio. See, e.g., U.S. TM Reg. Nos. 3,021,706; 4,359,154; 3,890,226; and 4,220,248 for PHOTO-LETTERING in standard characters and stylized form, in connection with multiple classes. Applicant uses CARLYLE as a primary mark with multiple secondary marks, and therefore CARLYLE serves as an indicator of source separate and apart from the trailing name that refers to a specific group in the CARLYLE family. Attached are additional specimens showing use of the mark in connection with fonts branded as CARLYLE EVENTIDE, CARLYLE MYSTIQUE and CARLYLE ROCCOCO in association with Applicant’s Photo-Lettering foundry.
For the foregoing reasons, applicant respectfully requests withdrawal of the refusal to register and approval of the application for publication.