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 |
88643114 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 112 |
| MARK SECTION |
| MARK |
http://uspto.report/TM/88643114/mark.png |
| LITERAL ELEMENT |
TRAVEL SENTRY |
| 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) |
| The PTO has requested that the Applicant "disclaim the wording 'TRAVEL' because it immediately and aptly describes a characteristic, function,
feature, purpose, or use of applicant?s goods." For the reasons stated below, the Applicant believes that a disclaimer is not appropriate in this case and requests that the the PTO withdraw its
request. An applicant can rely on its ownership of prior registrations for the same mark for sufficiently similar goods to show that a mark has become distinctive of the goods. TMEP 1212.04(e). As
stated in the initial application, the Applicant is the owner of US Registration Numbers 3107489 and 3613785. As with the current application, both of these registrations are for the word mark TRAVEL
SENTRY. These registrations cover sufficiently similar goods to those shown in the subject application, namely: "metal locks for luggage" and "non-metal locks for luggage"; and "Luggage." The goods
in the application and those listed in the registration are customarily sold in the same retail outlets, and purchasers of one kind of travel accessory might well be prospective purchasers of the
other. (See In re Owens- Illinois Glass Co., 143 USPQ 431, 432 (TTAB 1964) (holding applicant?s ownership of prior registration of LIBBEY for cut-glass articles acceptable as prima facie evidence of
distinctiveness of identical mark for plastic tableware, the Board stated, "Cut-glass and plastic articles of tableware are customarily sold in the same retail outlets, and purchasers of one kind of
tableware might well be prospective purchasers of the other."). Accordingly, Applicant believes that the mark TRAVEL SENTRY has become distinctive of the goods in the subject application, and thus
the term "Travel" does not need to be disclaimed. In further proof of this claim of distinctiveness, Applicant offers the attached declaration, signed by the CFO of the Applicant. In conclusion, the
mark has become distinctive of the goods and/or services as evidenced by ownership of active U.S. Registration No(s). 3107489 and 3613785 on the Principal Register for the same mark for sufficiently
similar goods and/or services. Accordingly, Applicant requests that the PTO withdraw its refusal and approve the application for publication. |
| EVIDENCE SECTION |
| EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
evi_205219718-20200124104803726703_._2_f__Declaration_for_TRAVEL_SENTRY.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\886\431\88643114\xml3\ROA0002.JPG |
| DESCRIPTION OF EVIDENCE FILE |
2(f) declaration |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/frr/ |
| SIGNATORY'S NAME |
F. Richard Rimer, Jr. |
| SIGNATORY'S POSITION |
Attorney for Applicant; GA bar member |
| SIGNATORY'S PHONE NUMBER |
4048851500 |
| DATE SIGNED |
01/24/2020 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Fri Jan 24 11:11:34 EST 2020 |
| TEAS STAMP |
USPTO/ROA-XXX.XXX.XX.X-20
200124111134466774-886431
14-7005d3a245be59a5399412
f8c626cc4138af2e76c3b11a3
5a015c5fb5dddb42c4c-N/A-N
/A-20200124104803726703 |
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.
88643114 TRAVEL SENTRY(Standard Characters, see http://uspto.report/TM/88643114/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
The PTO has requested that the Applicant "disclaim the wording 'TRAVEL' because it immediately and aptly describes a characteristic, function, feature, purpose, or use of applicant?s goods." For the
reasons stated below, the Applicant believes that a disclaimer is not appropriate in this case and requests that the the PTO withdraw its request. An applicant can rely on its ownership of prior
registrations for the same mark for sufficiently similar goods to show that a mark has become distinctive of the goods. TMEP 1212.04(e). As stated in the initial application, the Applicant is the
owner of US Registration Numbers 3107489 and 3613785. As with the current application, both of these registrations are for the word mark TRAVEL SENTRY. These registrations cover sufficiently similar
goods to those shown in the subject application, namely: "metal locks for luggage" and "non-metal locks for luggage"; and "Luggage." The goods in the application and those listed in the registration
are customarily sold in the same retail outlets, and purchasers of one kind of travel accessory might well be prospective purchasers of the other. (See In re Owens- Illinois Glass Co., 143 USPQ 431,
432 (TTAB 1964) (holding applicant?s ownership of prior registration of LIBBEY for cut-glass articles acceptable as prima facie evidence of distinctiveness of identical mark for plastic tableware,
the Board stated, "Cut-glass and plastic articles of tableware are customarily sold in the same retail outlets, and purchasers of one kind of tableware might well be prospective purchasers of the
other."). Accordingly, Applicant believes that the mark TRAVEL SENTRY has become distinctive of the goods in the subject application, and thus the term "Travel" does not need to be disclaimed. In
further proof of this claim of distinctiveness, Applicant offers the attached declaration, signed by the CFO of the Applicant. In conclusion, the mark has become distinctive of the goods and/or
services as evidenced by ownership of active U.S. Registration No(s). 3107489 and 3613785 on the Principal Register for the same mark for sufficiently similar goods and/or services. Accordingly,
Applicant requests that the PTO withdraw its refusal and approve the application for publication.
EVIDENCE
Evidence in the nature of 2(f) declaration has been attached.
Original PDF file:
evi_205219718-20200124104803726703_._2_f__Declaration_for_TRAVEL_SENTRY.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
SIGNATURE(S)
Response Signature
Signature: /frr/ Date: 01/24/2020
Signatory's Name: F. Richard Rimer, Jr.
Signatory's Position: Attorney for Applicant; GA bar member
Signatory's Phone Number: 4048851500
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.
Serial Number: 88643114
Internet Transmission Date: Fri Jan 24 11:11:34 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.X-20200124111134466
774-88643114-7005d3a245be59a5399412f8c62
6cc4138af2e76c3b11a35a015c5fb5dddb42c4c-
N/A-N/A-20200124104803726703
