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 | 88366588 |
LAW OFFICE ASSIGNED | LAW OFFICE 105 |
MARK SECTION | |
MARK FILE NAME | http://uspto.report/TM/88366588/mark.png |
STANDARD CHARACTERS | NO |
USPTO-GENERATED IMAGE | NO |
COLOR(S) CLAIMED (If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of of a three-dimensional configuration of a doughnut. |
ARGUMENT(S) | |
The Examining Attorney has refused registration of the subject mark based on the contention that the mark consists of a non-distinctive product design and is not registrable on the Principle Register without sufficient proof of acquired distinctiveness. Applicant traverses the refusal by amending the mark in the application to seek registration on the Supplemental Register. Simultaneously with the filing of this response, Applicant has filed an Amendment to Allege Use. As the Applicant has addressed all of the issues raised in the outstanding Office Action, Applicant requests the Examining Attorney pass the subject application to registration at her earliest convenience. If the Examining Attorney has any questions, she is requested to contact the undersigned. Applicant’s counsel thanks the Examining Attorney for her assistance. |
|
ADDITIONAL STATEMENTS SECTION | |
DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of a three-dimensional configuration of a doughnut in the shape of a hand making a "hang loose sign". |
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. |
SIGNATURE SECTION | |
RESPONSE SIGNATURE | /dax alvarez/ |
SIGNATORY'S NAME | Dax Alvarez |
SIGNATORY'S POSITION | Attorney of Record, CA Bar Member |
SIGNATORY'S PHONE NUMBER | 213.929.2500 |
DATE SIGNED | 07/29/2019 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Mon Jul 29 18:22:16 EDT 2019 |
TEAS STAMP | USPTO/ROA-XXX.XXX.XXX.XX- 20190729182216697172-8836 6588-620c1387a7e450943cec 33bc3a8669913a3e85f31d4ea 31160ea6b5f84436ae0-N/A-N /A-20190729181540363652 |
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) |
The Examining Attorney has refused registration of the subject mark based on the contention that the mark consists of a non-distinctive product design and is not registrable on the Principle Register without sufficient proof of acquired distinctiveness. Applicant traverses the refusal by amending the mark in the application to seek registration on the Supplemental Register. Simultaneously with the filing of this response, Applicant has filed an Amendment to Allege Use.
As the Applicant has addressed all of the issues raised in the outstanding Office Action, Applicant requests the Examining Attorney pass the subject application to registration at her earliest convenience. If the Examining Attorney has any questions, she is requested to contact the undersigned. Applicant’s counsel thanks the Examining Attorney for her assistance.