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. 88523923 DUBBLEFILM(Standard Characters, see http://uspto.report/TM/88523923/mark.png) has been amended as follows:

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

My client started using the brand name dubble when he launched a photographic mobile application in 2013 called dubble: http://techcrunch.com/2013/10/24/dubble/ He then launched two new apps under the dubble brand name: dubble print: http://appadvice.com/app/dubble-print/1102386491 and dubble studio: http://www.ipa4fun.com/apps/me.dubble.studio/. In order to engage creative users he contacted Uwe Mimoun and his brand KONO! to manufacture a range of analogue film. This was called dubblefilm, which my client launched in 2017 My client had an agreement whereby Use Mimoun/KONO! manufactured my film and sold it to shops; my client would also sell such film in his webshop. Mr. Mimoun and my client were working on an agreement that clearly states the dubblefilm brandname belongs to Adam Scott. My client has been using the "double" mark in commerce for seven years, and for film specifically for three; Mr. Mimoun/KONO! has never actually had a claim to the Mark--he was hired by my client to perform services for the brand. I would note that my client is the owner of the Mark in the European Community and in Spain. All names, designs, film testing, marketing, domains, and social media accounts belong to Adam Scott. Mr. Mimoun has simply filed a claim on my clients mark in order to disrupt my client's business. We will be filing an objection to Mr. Mimoun's mark this month.

EVIDENCE
Evidence in the nature of translation of Spanish Trademark Registration, as well as Translation of European Community Mark has been attached.
Original PDF file:
evi_9811621847-20200305103725737557_._dubblecommunitymark.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_9811621847-20200305103725737557_._dubblespanishmark.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Adam Scott, a citizen of United Kingdom, having an address of
      Carrer Zamora 99 3-2
      Barcelona, 08018
      Spain

Proposed: Adam Scott, a citizen of United Kingdom, having an address of
      Carrer Zamora 99 3-2
      Barcelona, 08018
      Spain
      Email Address: shoot@dubblefilm.com
      +34 656192655

The owner's/holder's current attorney information: Brett Green. Brett Green of BRETT GREEN, ESQ., is located at

      169 S. MAIN STREET, #337
      NEW CITY, New York 10956
      United States
      The phone number is 646-504-0823.
      The email address is brettgreen@verizon.net

The owner's/holder's proposed attorney information: Brett Green. Brett Green of BRETT GREEN, ESQ., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      169 S. MAIN STREET, #337
      NEW CITY, New York 10956
      United States
      The phone number is 646-504-0823.
      The email address is brettgreen@verizon.net

Brett Green 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):
      BRETT GREEN
      PRIMARY EMAIL FOR CORRESPONDENCE: brettgreen@verizon.net
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Brett Green
      PRIMARY EMAIL FOR CORRESPONDENCE: brettgreen@verizon.net
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

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
Significance of wording, letter(s), or numeral(s)
Dubble appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


SIGNATURE(S)
Response Signature
Signature: /Brett Green/     Date: 03/05/2020
Signatory's Name: Brett Green
Signatory's Position: Attorney of record

Signatory's Phone Number: 6465040823

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:    BRETT GREEN
   BRETT GREEN, ESQ.
   
   169 S. MAIN STREET, #337
   NEW CITY, New York 10956
Mailing Address:    Brett Green
   BRETT GREEN, ESQ.
   169 S. MAIN STREET, #337
   NEW CITY, New York 10956
        
Serial Number: 88523923
Internet Transmission Date: Thu Mar 05 10:54:38 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020030510543867
6385-88523923-7102d2b7b71b69c5e1a3d25ee1
b8f72f2aad83ab7f6c0e051e67f4238c98f6-N/A
-N/A-20200305103725737557