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 | 88402737 |
LAW OFFICE ASSIGNED | LAW OFFICE 107 |
MARK SECTION | |
MARK | http://uspto.report/TM/88402737/mark.png |
LITERAL ELEMENT | GATE FACTORY |
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) | |
IDENTIFICATION OF SERVICES The Office Action states, “The identification for “providing online non-downloadable software” in International Class 42 is indefinite and must be clarified to specify the purpose or function of the software.” Thus, Applicant has amended the identification of services below. International Class 042- Providing online non-downloadable software for producing three-dimensional models of barns, crates, and gates; Providing online non-downloadable software for customization of barns, crates, gates, and the like In light of the amendments made to the identification of services, Applicant believes this rejection has been overcome and respectfully requests withdrawal of the rejection and approval of the trademark application.
DISCLAIMER The Office Action stated, “Applicant must provide a disclaimer of the unregistrable part of the applied-for mark even though the mark as a whole appears to be registrable. In this case, Applicant must disclaim the word “GATE” in the mark because it is not inherently distinctive. This unregistrable term is merely descriptive of a function, purpose, or use of applicant’s services.” In order to advance prosecution, Applicant offers the following disclaimer in order to satisfy the requirement: No claim is made to the exclusive right to use “GATE” apart from the mark as shown. Applicant respectfully requests withdrawal of the rejection and requests allowance of its trademark application.
Conclusion It is believed that Applicant has responded to all of the Examining Attorney’s questions, objections and rejections and that the trademark application is now in condition to go forward with publication. If any further questions or concerns remain, the Examining Attorney is encouraged to contact the undersigned to expeditiously resolve any outstanding matters.
Respectfully submitted,
/JORDAN MEGGISON-DECKER/
Jordan E. Meggison-Decker Reg. No. 74,127 BROWN WINICK LAW FIRM 666 Grand Avenue Suite 2000, Ruan Center Des Moines, Iowa 50309 Phone No. 515-242-2400 Fax No. 515-242-2488 Customer No. 47608 Attorney of Record
|
|
GOODS AND/OR SERVICES SECTION (current) | |
INTERNATIONAL CLASS | 042 |
DESCRIPTION | |
Providing online non-downloadable software; Providing online non-downloadable software for customization of barns, crates, gates, and the like | |
FILING BASIS | Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) | |
INTERNATIONAL CLASS | 042 |
TRACKED TEXT DESCRIPTION | |
FINAL DESCRIPTION | |
Providing online non-downloadable software for producing three-dimensional models of barns, crates, and gates; Providing online non-downloadable software for customization of barns, crates, gates, and the like | |
FILING BASIS | Section 1(b) |
ADDITIONAL STATEMENTS SECTION | |
DISCLAIMER | No claim is made to the exclusive right to use GATE apart from the mark as shown. |
ATTORNEY SECTION (current) | |
NAME | Jordan Meggison-Decker |
ATTORNEY BAR MEMBERSHIP NUMBER | NOT SPECIFIED |
YEAR OF ADMISSION | NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY | NOT SPECIFIED |
FIRM NAME | BROWNWINICK LAW FIRM |
STREET | 666 GRAND AVE., SUITE 2000 |
CITY | DES MOINES |
STATE | Iowa |
POSTAL CODE | 50309 |
COUNTRY | US |
PHONE | 515-242-2400 |
FAX | 515-242-2488 |
ip@brownwinick.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 25106.0013 |
ATTORNEY SECTION (proposed) | |
NAME | Jordan Meggison-Decker |
ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
YEAR OF ADMISSION | XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
FIRM NAME | BROWNWINICK LAW FIRM |
STREET | 666 GRAND AVE., SUITE 2000 |
CITY | DES MOINES |
STATE | Iowa |
POSTAL CODE | 50309 |
COUNTRY | United States |
PHONE | 515-242-2400 |
FAX | 515-242-2488 |
ip@brownwinick.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 25106.0013 |
CORRESPONDENCE SECTION (current) | |
NAME | JORDAN MEGGISON-DECKER |
FIRM NAME | BROWNWINICK LAW FIRM |
STREET | 666 GRAND AVE., SUITE 2000 |
CITY | DES MOINES |
STATE | Iowa |
POSTAL CODE | 50309 |
COUNTRY | US |
PHONE | 515-242-2400 |
FAX | 515-242-2488 |
ip@brownwinick.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 25106.0013 |
CORRESPONDENCE SECTION (proposed) | |
NAME | Jordan Meggison-Decker |
FIRM NAME | BROWNWINICK LAW FIRM |
STREET | 666 GRAND AVE., SUITE 2000 |
CITY | DES MOINES |
STATE | Iowa |
POSTAL CODE | 50309 |
COUNTRY | United States |
PHONE | 515-242-2400 |
FAX | 515-242-2488 |
ip@brownwinick.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 25106.0013 |
SIGNATURE SECTION | |
RESPONSE SIGNATURE | /JORDAN MEGGISON-DECKER/ |
SIGNATORY'S NAME | Jordan Meggison-Decker |
SIGNATORY'S POSITION | Attorney of Record, Iowa Bar Member |
SIGNATORY'S PHONE NUMBER | 5152422400 |
DATE SIGNED | 10/08/2019 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Tue Oct 08 12:37:00 EDT 2019 |
TEAS STAMP | USPTO/ROA-XX.XX.XXX.XX-20 191008123700269625-884027 37-61027d87b72ada6292dff6 f87204b5d25e89b3de67a2fab 711d54b70b7881efbe4-N/A-N /A-20191008123349334717 |
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) |
IDENTIFICATION OF SERVICES
The Office Action states, “The identification for “providing online non-downloadable software” in International Class 42 is indefinite and must be clarified to specify the purpose or function of the software.” Thus, Applicant has amended the identification of services below.
International Class 042- Providing online non-downloadable software for producing three-dimensional models of barns, crates, and gates; Providing online non-downloadable software for customization of barns, crates, gates, and the like
In light of the amendments made to the identification of services, Applicant believes this rejection has been overcome and respectfully requests withdrawal of the rejection and approval of the trademark application.
DISCLAIMER
The Office Action stated, “Applicant must provide a disclaimer of the unregistrable part of the applied-for mark even though the mark as a whole appears to be registrable. In this case, Applicant must disclaim the word “GATE” in the mark because it is not inherently distinctive. This unregistrable term is merely descriptive of a function, purpose, or use of applicant’s services.” In order to advance prosecution, Applicant offers the following disclaimer in order to satisfy the requirement:
No claim is made to the exclusive right to use “GATE” apart from the mark as shown.
Applicant respectfully requests withdrawal of the rejection and requests allowance of its trademark application.
Conclusion
It is believed that Applicant has responded to all of the Examining Attorney’s questions, objections and rejections and that the trademark application is now in condition to go forward with publication.
If any further questions or concerns remain, the Examining Attorney is encouraged to contact the undersigned to expeditiously resolve any outstanding matters.
Respectfully submitted,
/JORDAN MEGGISON-DECKER/
Jordan E. Meggison-Decker
Reg. No. 74,127
BROWN WINICK LAW FIRM
666 Grand Avenue
Suite 2000, Ruan Center
Des Moines, Iowa 50309
Phone No. 515-242-2400
Fax No. 515-242-2488
Customer No. 47608
Attorney of Record