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 |
88391707 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 101 |
| MARK SECTION |
| MARK |
http://uspto.report/TM/88391707/mark.png |
| LITERAL ELEMENT |
SELF-ADJUSTING |
| 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. |
| EVIDENCE SECTION |
| EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
evi_6912919851-20191227133855772271_._SELF-ADJUSTING__Knee_Stabilizer___Mueller_Sports_Med.pdf |
CONVERTED PDF FILE(S)
(3 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\883\917\88391707\xml4\ROA0002.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\917\88391707\xml4\ROA0003.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\917\88391707\xml4\ROA0004.JPG |
| DESCRIPTION OF EVIDENCE FILE |
Applicant respectfully disagrees with the Office Action's assertion that SELF-ADJUSTING is merely descriptive of Applicant's (intended) posture
brace products. The specimen provided in Applicant's App. No. 88391664 (based on actual use for knee stabilizer products) states "the easy on/off wraparound Mueller( R ) SELF-ADJUSTINGtm Knee
Stabilizer lets YOU adjust the fit and compression" (emphasis added). There is no evidence in the record that any of Applicant's products actually self-adjust, in particular there is no evidence at
all relating to posture braces products (applied for as ITU in the present case). Applicant reserves the right to argue that SELF-ADJUSTING is not merely descriptive to other goods as well, in the
event Applicant seeks registration of the mark for such other goods. Applicant respectfully requests withdrawal of the refusal of the mark as merely descriptive. |
| ATTORNEY SECTION (current) |
| NAME |
Rick Abegglen, Atty. |
| ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
| YEAR OF ADMISSION |
NOT SPECIFIED |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
| FIRM NAME |
RICK ABEGGLEN, ATTY. |
| INTERNAL ADDRESS |
C/O MUELLER SPORTS MEDICINE, INC. |
| STREET |
ONE QUENCH DRIVE, PO BOX 99 |
| CITY |
PRAIRIE DU SAC |
| STATE |
Wisconsin |
| POSTAL CODE |
53578 |
| COUNTRY |
US |
| EMAIL |
rick.abegglen@muellersportsmed.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
MSM 2162 |
| ATTORNEY SECTION (proposed) |
| NAME |
Rick Abegglen, Atty. |
| ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
| YEAR OF ADMISSION |
XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
| FIRM NAME |
RICK ABEGGLEN, ATTY. |
| INTERNAL ADDRESS |
C/O MUELLER SPORTS MEDICINE, INC. |
| STREET |
ONE QUENCH DRIVE |
| CITY |
PRAIRIE DU SAC |
| STATE |
Wisconsin |
| POSTAL CODE |
53578 |
| COUNTRY |
United States |
| EMAIL |
rick.abegglen@muellersportsmed.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
MSM 2162 |
| CORRESPONDENCE SECTION (current) |
| NAME |
RICK ABEGGLEN, ATTY. |
| FIRM NAME |
RICK ABEGGLEN, ATTY. |
| INTERNAL ADDRESS |
C/O MUELLER SPORTS MEDICINE, INC. |
| STREET |
ONE QUENCH DRIVE, PO BOX 99 |
| CITY |
PRAIRIE DU SAC |
| STATE |
Wisconsin |
| POSTAL CODE |
53578 |
| COUNTRY |
US |
| PHONE |
608-643-8530 |
| EMAIL |
rick.abegglen@muellersportsmed.com; rick@rla-law.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
MSM 2162 |
| CORRESPONDENCE SECTION (proposed) |
| NAME |
Rick Abegglen, Atty. |
| FIRM NAME |
RICK ABEGGLEN, ATTY. |
| INTERNAL ADDRESS |
C/O MUELLER SPORTS MEDICINE, INC. |
| STREET |
ONE QUENCH DRIVE |
| CITY |
PRAIRIE DU SAC |
| STATE |
Wisconsin |
| POSTAL CODE |
53578 |
| COUNTRY |
United States |
| EMAIL |
rick.abegglen@muellersportsmed.com; rick@rla-law.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
MSM 2162 |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Rick L. Abegglen/ |
| SIGNATORY'S NAME |
Rick L. Abegglen |
| SIGNATORY'S POSITION |
Attorney of record, Wisconsin bar member |
| SIGNATORY'S PHONE NUMBER |
608 643 8530 x300 |
| DATE SIGNED |
12/27/2019 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Fri Dec 27 13:48:13 EST 2019 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XX-2
0191227134813727384-88391
707-7009839ef98e4a175887a
2a428f5cc22e82e284e849726
92bbf9935a71201b923b-N/A-
N/A-20191227133855772271 |
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.
88391707 SELF-ADJUSTING(Standard Characters, see http://uspto.report/TM/88391707/mark.png) has been amended as follows:
EVIDENCE
Evidence in the nature of Applicant respectfully disagrees with the Office Action's assertion that SELF-ADJUSTING is merely descriptive of Applicant's (intended) posture brace products. The specimen
provided in Applicant's App. No. 88391664 (based on actual use for knee stabilizer products) states "the easy on/off wraparound Mueller( R ) SELF-ADJUSTINGtm Knee Stabilizer lets YOU adjust the fit
and compression" (emphasis added). There is no evidence in the record that any of Applicant's products actually self-adjust, in particular there is no evidence at all relating to posture braces
products (applied for as ITU in the present case). Applicant reserves the right to argue that SELF-ADJUSTING is not merely descriptive to other goods as well, in the event Applicant seeks
registration of the mark for such other goods. Applicant respectfully requests withdrawal of the refusal of the mark as merely descriptive. has been attached.
Original PDF file:
evi_6912919851-20191227133855772271_._SELF-ADJUSTING__Knee_Stabilizer___Mueller_Sports_Med.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
The applicant's current attorney information: Rick Abegglen, Atty.. Rick Abegglen, Atty. of RICK ABEGGLEN, ATTY., is located at
C/O MUELLER SPORTS MEDICINE, INC.
ONE QUENCH DRIVE, PO BOX 99
PRAIRIE DU SAC, Wisconsin 53578
US
The docket/reference number is MSM 2162.
The email address is rick.abegglen@muellersportsmed.com
The applicants proposed attorney information: Rick Abegglen, Atty.. Rick Abegglen, Atty. of RICK ABEGGLEN, ATTY., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX,
is located at
C/O MUELLER SPORTS MEDICINE, INC.
ONE QUENCH DRIVE
PRAIRIE DU SAC, Wisconsin 53578
United States
The docket/reference number is MSM 2162.
The email address is rick.abegglen@muellersportsmed.com
Rick Abegglen, Atty. submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any
U.S. Commonwealth or territory.
The applicant's current correspondence information: RICK ABEGGLEN, ATTY.. RICK ABEGGLEN, ATTY. of RICK ABEGGLEN, ATTY., is located at
C/O MUELLER SPORTS MEDICINE, INC.
ONE QUENCH DRIVE, PO BOX 99
PRAIRIE DU SAC, Wisconsin 53578
US
The docket/reference number is MSM 2162.
The phone number is 608-643-8530.
The email address is rick.abegglen@muellersportsmed.com; rick@rla-law.com
The applicants proposed correspondence information: Rick Abegglen, Atty.. Rick Abegglen, Atty. of RICK ABEGGLEN, ATTY., is located at
C/O MUELLER SPORTS MEDICINE, INC.
ONE QUENCH DRIVE
PRAIRIE DU SAC, Wisconsin 53578
United States
The docket/reference number is MSM 2162.
The email address is rick.abegglen@muellersportsmed.com; rick@rla-law.com
SIGNATURE(S)
Response Signature
Signature: /Rick L. Abegglen/ Date: 12/27/2019
Signatory's Name: Rick L. Abegglen
Signatory's Position: Attorney of record, Wisconsin bar member
Signatory's Phone Number: 608 643 8530 x300
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: RICK ABEGGLEN, ATTY.
RICK ABEGGLEN, ATTY.
C/O MUELLER SPORTS MEDICINE, INC.
ONE QUENCH DRIVE, PO BOX 99
PRAIRIE DU SAC, Wisconsin 53578
Mailing Address: Rick Abegglen, Atty.
RICK ABEGGLEN, ATTY.
C/O MUELLER SPORTS MEDICINE, INC.
ONE QUENCH DRIVE
PRAIRIE DU SAC, Wisconsin 53578
Serial Number: 88391707
Internet Transmission Date: Fri Dec 27 13:48:13 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019122713481372
7384-88391707-7009839ef98e4a175887a2a428
f5cc22e82e284e84972692bbf9935a71201b923b
-N/A-N/A-20191227133855772271
