| 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 | 88298873 |
| LAW OFFICE ASSIGNED | LAW OFFICE 104 |
| MARK SECTION | |
| MARK FILE NAME | http://uspto.report/TM/88298873/mark.png |
| LITERAL ELEMENT | REUSABLE FLY TRAP |
| STANDARD CHARACTERS | NO |
| USPTO-GENERATED IMAGE | NO |
| COLOR(S) CLAIMED (If applicable) |
The color(s) dark green, light green, white and black is/are claimed as a feature of the mark. |
| DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of a design applied to the goods. The majority of the mark is dark green and black. At the bottom of the mark is a light green band. Above it is a thin white stripe. Above the white stripe is a dark green band. Above the dark green band is a thin white stripe. Above the second thin white line is a back field with an arc beginning at the left end of the second white line and ending on the right side of the label about one third the way down from the top edge. In the black field are the words FLY TRAP. To the left of those words is a dark green box that extends from the left edge of the label into the black field. In that box is the word REUSABLE. In the lower right corner of the label is a stylized drawing of a large black fly on a white background. |
| ARGUMENT(S) | |
|
REMARKS In response to the Office Action dated March 20, 2019, the Examining Attorney determined that the mark is merely ornamental. Applicant's attorney argues that the distinctive design and colors function as a trademark and source indicator and requests that the Examining Attorney reconsider the refusal because the mark is distinctive and not merely ornamental. Conclusion In view of the above Remarks, and subsequent Disclaimer and Description of the Mark, Applicant respectfully submits the application is in condition for publication. If any issues remain, the Examining Attorney is invited to contact Applicant's attorney directly at (206) 695-1743. |
|
| ADDITIONAL STATEMENTS SECTION | |
| DISCLAIMER | No claim is made to the exclusive right to use "REUSABLE FLY TRAP" and design of the fly apart from the mark as shown. |
| DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of a design applied to the goods. The majority of the mark is dark green and black. At the bottom of the mark is a light green band. Above it is a thin white stripe. Above the white stripe is a dark green band. Above the dark green band is an incomplete thin white stripe. Above the second thin white line is a black field with an arc beginning at the left end of the second white line and ending on the right side of the label about one third the way down from the top edge. In the black field are the words FLY TRAP in white. To the left of those words is a dark green box with black lines at the top and bottom that extends from the left edge of the label into the black field. In that box is the word REUSABLE in white. In the lower right corner of the label is a stylized drawing of a large black fly on a white background. A vertical black band appears on both sides of the drawing. |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Everett E. Fruehling/ |
| SIGNATORY'S NAME | Everett E. Fruehling |
| SIGNATORY'S POSITION | Attorney of record, Washington bar member |
| SIGNATORY'S PHONE NUMBER | 206-682-8100 |
| DATE SIGNED | 04/15/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Mon Apr 15 14:16:36 EDT 2019 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XX.XX-20 190415141636181000-882988 73-620794922dd858ccd98d09 47b2094709af81bb899982201 b5646328735fb5a7-N/A-N/A- 20190415130217259517 |
| 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) |
REMARKS
In response to the Office Action dated March 20, 2019, the Examining Attorney determined that the mark is merely ornamental. Applicant's attorney argues that the distinctive design and colors function as a trademark and source indicator and requests that the Examining Attorney reconsider the refusal because the mark is distinctive and not merely ornamental.
Conclusion
In view of the above Remarks, and subsequent Disclaimer and Description of the Mark, Applicant respectfully submits the application is in condition for publication. If any issues remain, the Examining Attorney is invited to contact Applicant's attorney directly at (206) 695-1743.