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 |
88408344 |
LAW OFFICE ASSIGNED |
LAW OFFICE 123 |
MARK SECTION |
MARK |
http://uspto.report/TM/88408344/mark.png |
LITERAL ELEMENT |
NEW MARKET |
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's product is an industrial engineered special purpose glove having multiple textile layers that make the glove cut-resistant, puncture
resistant, fire resistant, and flexible enough to be used by law enforcement, fire fighters, and military/special forces. This is not a $35 extra strength glove that a person can buy at Dickies,
Carhartt, or any other consumer retail store. This is the type of equipment made for law enforcement/military that is supplied by way of a government contracting process. The products are entirely
different. Law enforcement and military personnel are already fully aware of the gloves offered by Carhartt and Dickies, and they are also aware that such products do not meet their needs - e.g. such
low cost gloves shred when fast-roping from a helicopter, or they melt on to skin when exposed to high temperature, or they are pierced by projectiles or sharp objects. Applicant's engineered gloves
use layers of different proprietary textiles with specific weave patterns. None of the product examples provided by the Office show a product that combines fire-resistance, with cut- resistance, with
puncture-resistance. The relevant market for the current application is a market that necessarily requires such features. It is not a market that includes clothing for mass consumption for use on
farms, landscaping, warehouses, etc., places where canvas cloth having a leather covering is sufficient. The channels of trade are entirely different. Accordingly, there is no likelihood of confusion
between the products of the applicant and the products cited by the Office because of the difference in products and the difference in channels of trade. |
EVIDENCE SECTION |
DESCRIPTION OF EVIDENCE FILE |
To see the product glove being subjected to fire, puncture, and cut test, please review the movie at http://youtu.be/gdoyPi4VVPQ |
ATTORNEY SECTION (current) |
NAME |
TODD JUNEAU |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
JUNEAU MITCHELL |
STREET |
1727 KING STREET #300 |
CITY |
ALEXANDRIA |
STATE |
Virginia |
POSTAL CODE |
22314 |
COUNTRY |
US |
PHONE |
703-548-3569 |
EMAIL |
tjuneau@juneaumitchell.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
SHAD-NEWMKT |
ATTORNEY SECTION (proposed) |
NAME |
TODD JUNEAU |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
JUNEAU MITCHELL |
STREET |
1727 KING STREET #300 |
CITY |
ALEXANDRIA |
STATE |
Virginia |
POSTAL CODE |
22314 |
COUNTRY |
United States |
PHONE |
703-548-3569 |
EMAIL |
tjuneau@juneaumitchell.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
SHAD-NEWMKT |
CORRESPONDENCE SECTION (current) |
NAME |
TODD JUNEAU |
FIRM NAME |
JUNEAU MITCHELL |
STREET |
1727 KING STREET #300 |
CITY |
ALEXANDRIA |
STATE |
Virginia |
POSTAL CODE |
22314 |
COUNTRY |
US |
PHONE |
703-548-3569 |
EMAIL |
tjuneau@juneaumitchell.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
SHAD-NEWMKT |
CORRESPONDENCE SECTION (proposed) |
NAME |
TODD JUNEAU |
FIRM NAME |
JUNEAU MITCHELL |
STREET |
1727 KING STREET #300 |
CITY |
ALEXANDRIA |
STATE |
Virginia |
POSTAL CODE |
22314 |
COUNTRY |
United States |
PHONE |
703-548-3569 |
EMAIL |
tjuneau@juneaumitchell.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
SHAD-NEWMKT |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/TODD L. JUNEAU/ |
SIGNATORY'S NAME |
TODD JUNEAU |
SIGNATORY'S POSITION |
Attorney of record, DC Bar member |
SIGNATORY'S PHONE NUMBER |
7035483569 |
DATE SIGNED |
10/28/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Oct 28 15:52:19 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XX.XX.XX-20
191028155219294495-884083
44-700ec69e39f2718973e5b8
83ab1e8b91b68d032422e5062
eccd6eea488678c39-N/A-N/A
-20191028152451436258 |
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.
88408344 NEW MARKET(Standard Characters, see http://uspto.report/TM/88408344/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant's product is an industrial engineered special purpose glove having multiple textile layers that make the glove cut-resistant, puncture resistant, fire resistant, and flexible enough to be
used by law enforcement, fire fighters, and military/special forces. This is not a $35 extra strength glove that a person can buy at Dickies, Carhartt, or any other consumer retail store. This is the
type of equipment made for law enforcement/military that is supplied by way of a government contracting process. The products are entirely different. Law enforcement and military personnel are
already fully aware of the gloves offered by Carhartt and Dickies, and they are also aware that such products do not meet their needs - e.g. such low cost gloves shred when fast-roping from a
helicopter, or they melt on to skin when exposed to high temperature, or they are pierced by projectiles or sharp objects. Applicant's engineered gloves use layers of different proprietary textiles
with specific weave patterns. None of the product examples provided by the Office show a product that combines fire-resistance, with cut- resistance, with puncture-resistance. The relevant market for
the current application is a market that necessarily requires such features. It is not a market that includes clothing for mass consumption for use on farms, landscaping, warehouses, etc., places
where canvas cloth having a leather covering is sufficient. The channels of trade are entirely different. Accordingly, there is no likelihood of confusion between the products of the applicant and
the products cited by the Office because of the difference in products and the difference in channels of trade.
EVIDENCE
Evidence in the nature of To see the product glove being subjected to fire, puncture, and cut test, please review the movie at http://youtu.be/gdoyPi4VVPQ has been attached.
The applicant's current attorney information: TODD JUNEAU. TODD JUNEAU of JUNEAU MITCHELL, is located at
1727 KING STREET #300
ALEXANDRIA, Virginia 22314
US
The docket/reference number is SHAD-NEWMKT.
The phone number is 703-548-3569.
The email address is tjuneau@juneaumitchell.com
The applicants proposed attorney information: TODD JUNEAU. TODD JUNEAU of JUNEAU MITCHELL, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
1727 KING STREET #300
ALEXANDRIA, Virginia 22314
United States
The docket/reference number is SHAD-NEWMKT.
The phone number is 703-548-3569.
The email address is tjuneau@juneaumitchell.com
TODD JUNEAU 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: TODD JUNEAU. TODD JUNEAU of JUNEAU MITCHELL, is located at
1727 KING STREET #300
ALEXANDRIA, Virginia 22314
US
The docket/reference number is SHAD-NEWMKT.
The phone number is 703-548-3569.
The email address is tjuneau@juneaumitchell.com
The applicants proposed correspondence information: TODD JUNEAU. TODD JUNEAU of JUNEAU MITCHELL, is located at
1727 KING STREET #300
ALEXANDRIA, Virginia 22314
United States
The docket/reference number is SHAD-NEWMKT.
The phone number is 703-548-3569.
The email address is tjuneau@juneaumitchell.com
SIGNATURE(S)
Response Signature
Signature: /TODD L. JUNEAU/ Date: 10/28/2019
Signatory's Name: TODD JUNEAU
Signatory's Position: Attorney of record, DC Bar member
Signatory's Phone Number: 7035483569
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: TODD JUNEAU
JUNEAU MITCHELL
1727 KING STREET #300
ALEXANDRIA, Virginia 22314
Mailing Address: TODD JUNEAU
JUNEAU MITCHELL
1727 KING STREET #300
ALEXANDRIA, Virginia 22314
Serial Number: 88408344
Internet Transmission Date: Mon Oct 28 15:52:19 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20191028155219294
495-88408344-700ec69e39f2718973e5b883ab1
e8b91b68d032422e5062eccd6eea488678c39-N/
A-N/A-20191028152451436258