Response to Office Action

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)

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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. 88413448  (Stylized and/or with Design, see http://uspto.report/TM/88413448/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: (Stylized and/or with Design, see http://uspto.report/TM/88413448/mark.png)
Proposed: (Stylized and/or with Design, see mark)
The color(s) teal is/are claimed as a feature of the mark.
The mark consists of the color teal similar to Pantone 320C as used on automatic teller machines in the performance of credit union services; the color is applied to the outer edge or border of the machine; the dotted lines outlining the ATM and any features of and mechanisms on the machine show placement of the mark and are not part of the mark.

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Response to Office Action with supporting evidence attached as Exhibits A-C. has been attached.
Original PDF file:
evi_38122213163-20200302182058398932_._ROA_-_SDCCU_-_Teal_-_88413448__4845-3016-1078_v_1.pdf
Converted PDF file(s) ( 10 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: San Diego County Credit Union, a corporation of California, having an address of
      6545 Sequence Drive
      San Diego, California 92121
      United States

Proposed: San Diego County Credit Union, a corporation of California, having an address of
      6545 Sequence Drive
      San Diego, California 92121
      United States
      Email Address: XXXX

The owner's/holder's current attorney information: Jesse A. Salen. Jesse A. Salen of SHEPPARD MULLIN RICHTER & HAMPTON LLP, is located at

      12275 EL CAMINO REAL, SUITE 200
      SAN DIEGO, California 92130-2006
      United States
The docket/reference number is 074L-297569.
      The phone number is 858-720-8900.
      The fax number is 858-509-3691.
      The email address is docketing@sheppardmullin.com

The owner's/holder's proposed attorney information: Jesse A. Salen. Other appointed attorneys are David E. Heisey. Jesse A. Salen of SHEPPARD MULLIN RICHTER & HAMPTON LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      12275 El Camino Real, Suite 200
      San Diego, California 92130-2006
      United States
The docket/reference number is 074L-297569.
      The phone number is 858-720-8900.
      The fax number is 858-509-3691.
      The email address is docketing@sheppardmullin.com

Jesse A. Salen 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.Correspondence Information (current):
      JESSE A. SALEN
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@sheppardmullin.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 074L-297569.
Correspondence Information (proposed):
      Jesse A. Salen
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@sheppardmullin.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jsalen@sheppardmullin.com; dheisey@sheppardmullin.com; jelee@sheppardmullin.com

The docket/reference number is 074L-297569.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

ADDITIONAL STATEMENTS
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /Jesse A. Salen/     Date: 03/02/2020
Signatory's Name: Jesse A. Salen
Signatory's Position: Attorney of record, California Bar member

Signatory's Phone Number: 858-720-8900

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:    JESSE A. SALEN
   SHEPPARD MULLIN RICHTER & HAMPTON LLP
   
   12275 EL CAMINO REAL, SUITE 200
   SAN DIEGO, California 92130-2006
Mailing Address:    Jesse A. Salen
   SHEPPARD MULLIN RICHTER & HAMPTON LLP
   12275 El Camino Real, Suite 200
   San Diego, California 92130-2006
        
Serial Number: 88413448
Internet Transmission Date: Mon Mar 02 18:53:55 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202003021853554
29823-88413448-710ac34cda958f996a8a06ddb
a8d47a31f53c895cf61a9298c59381e0df152-N/
A-N/A-20200302182058398932