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 |
88332748 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 126 |
| MARK SECTION |
| MARK |
http://uspto.report/TM/88332748/mark.png |
| LITERAL ELEMENT |
AMERICAN ACADEMY OF ASSISTED REPRODUCTIVE TECHNOLOGY ATTORNEYS |
| 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 submits the attached evidence to support the claim of acquired distinctiveness. The evidence includes many third-party websites which use
the mark as a source identifier. Many of these websites specifically recognize AMERICAN ACADEMY OF ASSISTED REPRODUCTIVE TECHNOLOGY ATTORNEYS as a preeminent organization. A key issue is whether the
"purchasing public" recognizes the mark as a source identifier. (See TMEP 1212.06). In this case, the purchasing public would primarily include attorneys that practice reproduction law. Individuals
seeking legal assistance with reproduction matters could also be considered the purchasing public. The submitted evidence shows widespread recognition among these groups. Simply put, virtually all
attorneys that practice in this area know that AMERICAN ACADEMY OF ASSISTED REPRODUCTIVE TECHNOLOGY ATTORNEYS is a specific organization. Similarly, many, if not most, individuals who have considered
and/or sought out legal assistance in this area know that AMERICAN ACADEMY OF ASSISTED REPRODUCTIVE TECHNOLOGY ATTORNEYS is a specific organization. In addition to the attached evidence, Applicant
also notes that it hosts annual conferences that hundreds of attorneys attend and that generate significant revenue and exposure. Applicant also provides periodic webinars that generate further
revenue and exposure. These hundreds of attendees represent a significant percentage of the purchasing public. Again, the purchasing public is primarily attorneys that practice reproduction law. A
significant percentage of such attorneys actually attend these conferences and webinars and many more know about them based on Applicant's advertisements. In summary, the evidence establishes
widespread use of the mark as a source identifier, including use by third parties. |
| ADDITIONAL STATEMENTS SECTION |
| SECTION 2(f) Claim of Acquired Distinctiveness, BASED ON EVIDENCE |
The mark has become distinctive of the goods/services, as demonstrated by the attached evidence. |
| 2(f) EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
e2f-21610237130-121713876_._AAARTA_-_2F_Evidence.pdf |
CONVERTED PDF FILE(S)
(15 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\883\327\88332748\xml6\ROA0002.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\327\88332748\xml6\ROA0003.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\327\88332748\xml6\ROA0004.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\327\88332748\xml6\ROA0005.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\327\88332748\xml6\ROA0006.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\327\88332748\xml6\ROA0007.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\327\88332748\xml6\ROA0008.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\327\88332748\xml6\ROA0009.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\327\88332748\xml6\ROA0010.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\327\88332748\xml6\ROA0011.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\327\88332748\xml6\ROA0012.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\327\88332748\xml6\ROA0013.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\327\88332748\xml6\ROA0014.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\327\88332748\xml6\ROA0015.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\327\88332748\xml6\ROA0016.JPG |
| ATTORNEY SECTION (current) |
| NAME |
Brian Tucker |
| ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
| YEAR OF ADMISSION |
NOT SPECIFIED |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
| FIRM NAME |
KIRTON MCCONKIE |
| STREET |
36 S. STATE STREET, #1900 |
| CITY |
SALT LAKE CITY |
| STATE |
Utah |
| POSTAL CODE |
84111 |
| COUNTRY |
US |
| PHONE |
801-239-3147 |
| EMAIL |
btucker@kmclaw.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
29942.10 |
| ATTORNEY SECTION (proposed) |
| NAME |
Brian Tucker |
| ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
| YEAR OF ADMISSION |
XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
| FIRM NAME |
KIRTON MCCONKIE |
| STREET |
36 S. STATE STREET, #1900 |
| CITY |
SALT LAKE CITY |
| STATE |
Utah |
| POSTAL CODE |
84111 |
| COUNTRY |
United States |
| PHONE |
801-239-3147 |
| EMAIL |
btucker@kmclaw.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
29942.10 |
| CORRESPONDENCE SECTION (current) |
| NAME |
BRIAN TUCKER |
| FIRM NAME |
KIRTON MCCONKIE |
| STREET |
36 S. STATE STREET, #1900 |
| CITY |
SALT LAKE CITY |
| STATE |
Utah |
| POSTAL CODE |
84111 |
| COUNTRY |
US |
| PHONE |
801-239-3147 |
| EMAIL |
btucker@kmclaw.com; klyon@kmclaw.com; ipdocket@kmclaw.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
29942.10 |
| CORRESPONDENCE SECTION (proposed) |
| NAME |
Brian Tucker |
| FIRM NAME |
KIRTON MCCONKIE |
| STREET |
36 S. STATE STREET, #1900 |
| CITY |
SALT LAKE CITY |
| STATE |
Utah |
| POSTAL CODE |
84111 |
| COUNTRY |
United States |
| PHONE |
801-239-3147 |
| EMAIL |
btucker@kmclaw.com; KLYON@KMCLAW.COM |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
29942.10 |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Brian Tucker/ |
| SIGNATORY'S NAME |
Brian Tucker |
| SIGNATORY'S POSITION |
Attorney of Record |
| SIGNATORY'S PHONE NUMBER |
8012393147 |
| DATE SIGNED |
08/06/2019 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Tue Aug 06 12:25:48 EDT 2019 |
| TEAS STAMP |
USPTO/ROA-XXX.XX.XXX.XXX-
20190806122548301526-8833
2748-610909ea9f23d4e63685
353ee5485cb9a14f44455a7ed
f630c01948e98e90e5b7-N/A-
N/A-20190806121713876489 |
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.
88332748 AMERICAN ACADEMY OF ASSISTED REPRODUCTIVE TECHNOLOGY ATTORNEYS(Standard Characters, see http://uspto.report/TM/88332748/mark.png) has been
amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant submits the attached evidence to support the claim of acquired distinctiveness. The evidence includes many third-party websites which use the mark as a source identifier. Many of these
websites specifically recognize AMERICAN ACADEMY OF ASSISTED REPRODUCTIVE TECHNOLOGY ATTORNEYS as a preeminent organization. A key issue is whether the "purchasing public" recognizes the mark as a
source identifier. (See TMEP 1212.06). In this case, the purchasing public would primarily include attorneys that practice reproduction law. Individuals seeking legal assistance with reproduction
matters could also be considered the purchasing public. The submitted evidence shows widespread recognition among these groups. Simply put, virtually all attorneys that practice in this area know
that AMERICAN ACADEMY OF ASSISTED REPRODUCTIVE TECHNOLOGY ATTORNEYS is a specific organization. Similarly, many, if not most, individuals who have considered and/or sought out legal assistance in
this area know that AMERICAN ACADEMY OF ASSISTED REPRODUCTIVE TECHNOLOGY ATTORNEYS is a specific organization. In addition to the attached evidence, Applicant also notes that it hosts annual
conferences that hundreds of attorneys attend and that generate significant revenue and exposure. Applicant also provides periodic webinars that generate further revenue and exposure. These hundreds
of attendees represent a significant percentage of the purchasing public. Again, the purchasing public is primarily attorneys that practice reproduction law. A significant percentage of such
attorneys actually attend these conferences and webinars and many more know about them based on Applicant's advertisements. In summary, the evidence establishes widespread use of the mark as a source
identifier, including use by third parties.
The applicant's current attorney information: Brian Tucker. Brian Tucker of KIRTON MCCONKIE, is located at
36 S. STATE STREET, #1900
SALT LAKE CITY, Utah 84111
US
The docket/reference number is 29942.10.
The phone number is 801-239-3147.
The email address is btucker@kmclaw.com
The applicants proposed attorney information: Brian Tucker. Brian Tucker of KIRTON MCCONKIE, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
36 S. STATE STREET, #1900
SALT LAKE CITY, Utah 84111
United States
The docket/reference number is 29942.10.
The phone number is 801-239-3147.
The email address is btucker@kmclaw.com
Brian Tucker submitted the following statement: I attest that I am an attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of
Columbia and any U.S. Commonwealth or territory).
The applicant's current correspondence information: BRIAN TUCKER. BRIAN TUCKER of KIRTON MCCONKIE, is located at
36 S. STATE STREET, #1900
SALT LAKE CITY, Utah 84111
US
The docket/reference number is 29942.10.
The phone number is 801-239-3147.
The email address is btucker@kmclaw.com; klyon@kmclaw.com; ipdocket@kmclaw.com
The applicants proposed correspondence information: Brian Tucker. Brian Tucker of KIRTON MCCONKIE, is located at
36 S. STATE STREET, #1900
SALT LAKE CITY, Utah 84111
United States
The docket/reference number is 29942.10.
The phone number is 801-239-3147.
The email address is btucker@kmclaw.com; KLYON@KMCLAW.COM
ADDITIONAL STATEMENTS
SECTION 2(f) Claim of Acquired Distinctiveness, BASED ON EVIDENCE
The mark has become distinctive of the goods/services, as demonstrated by the attached evidence.
Original PDF file:
e2f-21610237130-121713876_._AAARTA_-_2F_Evidence.pdf
Converted PDF file(s) ( 15 pages)
2(f) evidence-1
2(f) evidence-2
2(f) evidence-3
2(f) evidence-4
2(f) evidence-5
2(f) evidence-6
2(f) evidence-7
2(f) evidence-8
2(f) evidence-9
2(f) evidence-10
2(f) evidence-11
2(f) evidence-12
2(f) evidence-13
2(f) evidence-14
2(f) evidence-15
SIGNATURE(S)
Response Signature
Signature: /Brian Tucker/ Date: 08/06/2019
Signatory's Name: Brian Tucker
Signatory's Position: Attorney of Record
Signatory's Phone Number: 8012393147
The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and
any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed
revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter;
or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.
Mailing Address: BRIAN TUCKER
KIRTON MCCONKIE
36 S. STATE STREET, #1900
SALT LAKE CITY, Utah 84111
Mailing Address: Brian Tucker
KIRTON MCCONKIE
36 S. STATE STREET, #1900
SALT LAKE CITY, Utah 84111
Serial Number: 88332748
Internet Transmission Date: Tue Aug 06 12:25:48 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201908061225483
01526-88332748-610909ea9f23d4e63685353ee
5485cb9a14f44455a7edf630c01948e98e90e5b7
-N/A-N/A-20190806121713876489
