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. 88414660 KAMERAR(Standard Characters, see http://uspto.report/TM/88414660/mark.png) has been amended as follows:

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

The Examining Attorney states that the applied-for mark is merely descriptive of the goods for which applicant?s goods are intended. The Examining Attorney states that a novel spelling or an intentional misspelling that is the phonetic equivalent of a merely descriptive word or term is also merely descriptive if purchasers would perceive the different spelling as the equivalent of the descriptive word or term. The Examining Attorney states that the wording KAMERAR is the phonetic equivalent of the term CAMERA since the letter R at the end of the word will unlikely be enunciated when verbally communicating the mark and therefore the mark will be the phonetic equivalent of camera, which is descriptive of the type of goods that the mark is intended for. The Examining Attorney argument notwithstanding, Applicant respectfully submits that the R at the end of a word is NOT dropped during pronunciation. Applicant submits documentation (D7644-EnunciatingR.pdf) stating that the letter R is always pronounced in American English. The last r in Kamerar is always enunciated as in radar, father and teacher. The ar is not elided to an ah sound as in camera as shown in the Merriam Webster dictionary (D7644TM-Pronunciations.pdf). Consequently, a consumer when encountering the mark Kamerar would enunciate it as ka-me-rAR and not ka-me-rA (as in camera) as suggested by the Examining Attorney. Therefore the mark Kamerar would have no clear descriptive meaning to a consumer. Applicant also submits that the identification of the goods associated with the mark does not include cameras nor is the mark associated with the sale of cameras per se as shown in Applicants website offering the identified goods for sale (D7644TM-KamerarCages.jpeg, D7644TM-KamerarMagfilter.pdf, D7644TM-KamerarRigs- Stabilizers1.jpeg, D7644TM-KamerarRigs-Stabilizers2.jpeg, D7644TM-KamerarSoftbox.jpeg, D7644TM- KamerarSupports-Extenders.pdf, D7644TM-KamerarVideoDollies.pdf, D7644TM-KamerarVideoSliders.pdf, and D7644TM-KamerarViewFinders.pdf). Specifically, Applicant submits that KAMERAR is not descriptive of Adapter rings for attaching objectives on cameras; Bags for cameras and photographic equipment; Camera cases; Camera filters; Camera flashes; Camera handles; Camera hoods; Camera mounts and supports; Camera stability accessory, namely, a support arm, vest and sled for film and video cameras to absorb shaking moves while shooting; Camera tripods; Cell phone straps; Lens filters; Lens hoods; Lenses for cameras; Lights for use on video cameras; Mobile phone straps; Monopods for cameras; Mounting devices for cameras and monitors; Self-timers; Straps for mobile phones; Tripods or Tripods for cameras. Therefore the applied-for mark is not descriptive. Moreover, Applicant submits that this application is a revival of original registration no. 4128581, registered April 17, 2012, which went abandoned due to an unintentional error in docketing the deadline to file a Section 8 declaration. Applicant submits that the mark has been in continuous use at least as early as July 12, 2011 and should be registrable on the Principal Register. The Examining Attorney states that documentation regarding the goods and wording appearing in the mark, which are supported by fact sheets, instruction manuals, brochures, advertisements and pertinent screenshots of applicants website as it relates to the goods in the application, including any materials using the terms in the applied-for mark are needed. Applicant submits documentation in the form of screenshots, as identified above, from Applicant website showing the goods sold under the mark Kamerar. Applicants website (www.kamerar.com) also provides video instructions with a description of the features of the various products. The Examining Attorney states that applicant must submit an English translation of the foreign wording in the mark KAMERAR per 37 C.F.R. 2.32(a)(9), 2.61(b). Applicant submits that the wording KAMERAR has no meaning in a foreign language.

EVIDENCE
Evidence in the nature of The EnunciatingR evidence is a screenshot from a website about pronunciation of the letter R in American English. The Pronunciations evidence is a screenshot of the Merriam Webster Dictionary showing the pronunciation of radar, father, teacher, and camera. The other 9 evidences are screenshots from the Kamerar website showing the mark associated with all products, sorted by category as named in each attachment, for sale. has been attached.
JPG file(s):
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_26001700c7d06a705061ae1d23341deb-20200124140529400488_._D7644TM-EnunciatingR.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_26001700c7d06a705061ae1d23341deb-20200124140529400488_._D7644TM-Pronunciations.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_26001700c7d06a705061ae1d23341deb-20200124140529400488_._D7644TM-KamerarMagfilter.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_1-26001700c7d06a705061ae1d23341deb-20200124140529400488_._D7644TM-KamerarSupports-Extenders.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_1-26001700c7d06a705061ae1d23341deb-20200124140529400488_._D7644TM-KamerarVideoDollies.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_1-26001700c7d06a705061ae1d23341deb-20200124140529400488_._D7644TM-KamerarVideoSliders.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_1-26001700c7d06a705061ae1d23341deb-20200124140529400488_._D7644TM-KamerarViewFinders.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

The applicant's current attorney information: Dr. Benjamin ADLER. Dr. Benjamin ADLER of ADLER & ASSOCIATES, is located at

      POB 710509
      HOUSTON, Texas 77271-0509
      US
The docket/reference number is D7644.

The phone number is 713-270-5391.

The fax number is 713-270-5361.

The email address is Ben@adlerandassociates.com

The applicants proposed attorney information: Dr. Benjamin ADLER. Dr. Benjamin ADLER of ADLER & ASSOCIATES, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      POB 710509
      HOUSTON, Texas 77271-0509
      United States
The docket/reference number is D7644.

The phone number is 713-270-5391.

The fax number is 713-270-5361.

The email address is Ben@adlerandassociates.com

Dr. Benjamin ADLER 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: DR. BENJAMIN ADLER. DR. BENJAMIN ADLER of ADLER & ASSOCIATES, is located at

      POB 710509
      HOUSTON, Texas 77271-0509
      US
The docket/reference number is D7644.

The phone number is 713-270-5391.

The fax number is 713-270-5361.

The email address is Ben@adlerandassociates.com; colleen@adlerandassociates.com

The applicants proposed correspondence information: Dr. Benjamin ADLER. Dr. Benjamin ADLER of ADLER & ASSOCIATES, is located at

      POB 710509
      HOUSTON, Texas 77271-0509
      United States
The docket/reference number is D7644.

The phone number is 713-270-5391.

The fax number is 713-270-5361.

The email address is Ben@adlerandassociates.com; colleen@adlerandassociates.com

ADDITIONAL STATEMENTS
Translation
The wording Kamerar has no meaning in a foreign language.


SIGNATURE(S)
Response Signature
Signature: /Benjamin Aaron Adler/     Date: 01/24/2020
Signatory's Name: Benjamin Aaron Adler
Signatory's Position: Attorney of record, Texas bar member

Signatory's Phone Number: 713-270-5391

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:    DR. BENJAMIN ADLER
   ADLER & ASSOCIATES
   
   POB 710509
   HOUSTON, Texas 77271-0509
Mailing Address:    Dr. Benjamin ADLER
   ADLER & ASSOCIATES
   POB 710509
   HOUSTON, Texas 77271-0509
        
Serial Number: 88414660
Internet Transmission Date: Fri Jan 24 15:03:08 EST 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200124150308022667-88414660-
70063ad7db4edf7fd494f2aa1c2846cd0a2761ee
a5027dba19277c5737ac3c61e-N/A-N/A-202001
24140529400488