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. 88527565 TOPO (Stylized and/or with Design, see http://uspto.report/TM/88527565/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: TOPO (Stylized and/or with Design, see http://uspto.report/TM/88527565/mark.png)
Proposed: TOPO (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of a square with an interlocking element on each side and containing a raised circle inside of which is a letter T above a smile, connected by one of its interlocking elements to a circle with an interlocking element on each side and containing a raised circle inside of which is a letter O above a smile, connected by one of its interlocking elements to a square with an interlocking element on each side and containing a raised circle inside of which is a letter P above a smile, connected by one of its interlocking elements to a circle with an interlocking element on each side and containing a raised circle inside of which is a letter O above a smile, spelling the word "TOPO".

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

REMARKS

 

The remarks submitted herewith are in response to the Office Action dated October 16, 2019 for the present application. 

Initially, Applicant thanks the Examining Attorney for indicating that a search of the Office records determined that there are no registered or pending marks that would bar registration of the presently applied for mark.  However, the Office Action identified several issues, which must be addressed before the present application is allowed.

First, the Office Action states that the submitted drawing shows the mark including white, black, and gray portions.  In order to clarify that color is not a feature of the presently applied for mark, Applicant submits herewith a replacement black line drawing of the mark.  Applicant submits that the replacement drawing does not materially alter the mark as originally filed.  Further, Applicant submits that colors, including black, white, or gray, are not features of the presently applied for mark.   

Second, the Office Action requests that the Applicant’s attorney provides certain bar information.  The requested Attorney bar information is provided elsewhere in this electronic response.

In light of the foregoing, and having now completed all formalities, approval of the present application and passage of the mark to publication are respectfully requested.

Respectfully submitted,

THE WEBB LAW FIRM

The applicant's current attorney information: John W. McIlvaine, Registration No. 34,219. John W. McIlvaine, Registration No. 34,219 of THE WEBB LAW FIRM, is located at

      420 FORT DUQUESNE BOULEVARD, SUITE 1200
      ONE GATEWAY CENTER
      PITTSBURGH, Pennsylvania 15222
      US
The docket/reference number is 6727-1904963.

The phone number is 412-471-8815.

The fax number is 412-471-4094.

The email address is trademarks@webblaw.com

The applicants proposed attorney information: John W. McIlvaine, Registration No. 34,219. John W. McIlvaine, Registration No. 34,219 of THE WEBB LAW FIRM, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      420 FORT DUQUESNE BOULEVARD, SUITE 1200
      ONE GATEWAY CENTER
      PITTSBURGH, Pennsylvania 15222
      United States
The docket/reference number is 6727-1904963.

The phone number is 412-471-8815.

The fax number is 412-471-4094.

The email address is trademarks@webblaw.com

John W. McIlvaine, Registration No. 34,219 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: JOHN W. MCILVAINE, REGISTRATION NO. 34,219. JOHN W. MCILVAINE, REGISTRATION NO. 34,219 of THE WEBB LAW FIRM, is located at

      420 FORT DUQUESNE BOULEVARD, SUITE 1200
      ONE GATEWAY CENTER
      PITTSBURGH, Pennsylvania 15222
      US
The docket/reference number is 6727-1904963.

The phone number is 412-471-8815.

The fax number is 412-471-4094.

The email address is trademarks@webblaw.com

The applicants proposed correspondence information: John W. McIlvaine, Registration No. 34,219. John W. McIlvaine, Registration No. 34,219 of THE WEBB LAW FIRM, is located at

      420 FORT DUQUESNE BOULEVARD, SUITE 1200
      ONE GATEWAY CENTER
      PITTSBURGH, Pennsylvania 15222
      United States
The docket/reference number is 6727-1904963.

The phone number is 412-471-8815.

The fax number is 412-471-4094.

The email address is trademarks@webblaw.com

SIGNATURE(S)
Response Signature
Signature: /Neil J. Friedrich/     Date: 11/26/2019
Signatory's Name: Neil J. Friedrich, Registration No. 67,280
Signatory's Position: Attorney of Record, PA Bar Member, PA Bar ID 310659

Signatory's Phone Number: 412-471-8815

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:    JOHN W. MCILVAINE, REGISTRATION NO. 34,219
   THE WEBB LAW FIRM
   420 FORT DUQUESNE BOULEVARD, SUITE 1200
   ONE GATEWAY CENTER
   PITTSBURGH, Pennsylvania 15222
Mailing Address:    John W. McIlvaine, Registration No. 34,219
   THE WEBB LAW FIRM
   420 FORT DUQUESNE BOULEVARD, SUITE 1200
   ONE GATEWAY CENTER
   PITTSBURGH, Pennsylvania 15222
        
Serial Number: 88527565
Internet Transmission Date: Tue Nov 26 12:10:29 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201911261210299
03904-88527565-70086c9ab4640e62b1f63b4bc
1c6bcf0dddf12f86edc08b455e7de730e73238cf
-N/A-N/A-20191126120726467138