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 | 88363844 |
LAW OFFICE ASSIGNED | LAW OFFICE 105 |
MARK SECTION | |
MARK | http://uspto.report/TM/88363844/mark.png |
LITERAL ELEMENT | CALMER CANINE |
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 is grateful for the Examining Attorney’s letter dated May 1, 2019 and the Office Action and responds thereto as follows.
In compliance with the Examining Attorney’s request, Applicant respectfully agrees to add a disclaimer of CANINE apart from the mark as shown.
Further, following the Examining Attorney’s suggestion in connection with Sec. 2(e)(1) objection, and while Applicant respectfully dissents, the Examining Attorney is requested to transfer the subject application to the Supplemental Register. An Amendment to Allege Use has been filed with the USPTO on October 30, 2019.
In view of the above, favourable outcome of examination is respectfully requested. If any additional information or clarifications are required, the Examining Attorney is respectfully requested to contact the undersigned. |
|
ADDITIONAL STATEMENTS SECTION | |
DISCLAIMER | No claim is made to the exclusive right to use CANINE apart from the mark as shown. |
SUPPLEMENTAL REGISTER | The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register'). NOTE: The applicant has separately filed an Allegation of Use, to change the basis of this application from Section 1(b), intent-to-use, to Section 1(a), use in commerce. |
ATTORNEY SECTION (current) | |
NAME | Max Vern |
ATTORNEY BAR MEMBERSHIP NUMBER | NOT SPECIFIED |
YEAR OF ADMISSION | NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY | NOT SPECIFIED |
FIRM NAME | AMSTER, ROTHSTEIN & EBENSTEIN LLP |
STREET | 90 PARK AVENUE |
CITY | NEW YORK |
STATE | New York |
POSTAL CODE | 10016 |
COUNTRY | US |
PHONE | 212-336-8000 |
FAX | (212) 336-8001 |
ptodocket@arelaw.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 3885/50 |
ATTORNEY SECTION (proposed) | |
NAME | Max Vern |
ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
YEAR OF ADMISSION | XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
FIRM NAME | AMSTER, ROTHSTEIN & EBENSTEIN LLP |
STREET | 90 PARK AVENUE |
CITY | NEW YORK |
STATE | New York |
POSTAL CODE | 10016 |
COUNTRY | United States |
PHONE | 212-336-8000 |
FAX | (212) 336-8001 |
ptodocket@arelaw.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 3885/50 |
CORRESPONDENCE SECTION (current) | |
NAME | MAX VERN |
FIRM NAME | AMSTER, ROTHSTEIN & EBENSTEIN LLP |
STREET | 90 PARK AVENUE |
CITY | NEW YORK |
STATE | New York |
POSTAL CODE | 10016 |
COUNTRY | US |
PHONE | 212-336-8000 |
FAX | (212) 336-8001 |
ptodocket@arelaw.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 3885/50 |
CORRESPONDENCE SECTION (proposed) | |
NAME | Max Vern |
FIRM NAME | AMSTER, ROTHSTEIN & EBENSTEIN LLP |
STREET | 90 PARK AVENUE |
CITY | NEW YORK |
STATE | New York |
POSTAL CODE | 10016 |
COUNTRY | United States |
PHONE | 212-336-8000 |
FAX | (212) 336-8001 |
ptodocket@arelaw.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 3885/50 |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /Max Vern/ |
SIGNATORY'S NAME | Max Vern |
SIGNATORY'S POSITION | Attorney of Record, NY Bar Member |
SIGNATORY'S PHONE NUMBER | (212) 336-8000 |
DATE SIGNED | 10/30/2019 |
RESPONSE SIGNATURE | /Max Vern/ |
SIGNATORY'S NAME | Max Vern |
SIGNATORY'S POSITION | Attorney of Record, NY Bar Member |
SIGNATORY'S PHONE NUMBER | (212) 336-8000 |
DATE SIGNED | 10/30/2019 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Wed Oct 30 16:39:47 EDT 2019 |
TEAS STAMP | USPTO/ROA-XXX.XXX.XXX.XXX -20191030163947262050-883 63844-70082e0f881892c75ab 9749365ec634bbdd6d8d4356f c89f43c6212416dfd32f8a-N/ A-N/A-2019103016354945681 1 |
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 is grateful for the Examining Attorney’s letter dated May 1, 2019 and the Office Action and responds thereto as follows.
In compliance with the Examining Attorney’s request, Applicant respectfully agrees to add a disclaimer of CANINE apart from the mark as shown.
Further, following the Examining Attorney’s suggestion in connection with Sec. 2(e)(1) objection, and while Applicant respectfully dissents, the Examining Attorney is requested to transfer the subject application to the Supplemental Register. An Amendment to Allege Use has been filed with the USPTO on October 30, 2019.
In view of the above, favourable outcome of examination is respectfully requested. If any additional information or clarifications are required, the Examining Attorney is respectfully requested to contact the undersigned.
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.