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 09/30/2020)

---

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 09/30/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88818190 LOCK BOX(Standard Characters, see http://uspto.report/TM/88818190/mark.png) has been amended as follows:

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

In response to the (2)(e) refusal, applicant provides the clarification that the examiner requested. The goods identified by the mark are containers for household or kitchen use, and no tangible feature of the identified goods was claimed. Containers for household or kitchen use such as applicant's goods have a compressible sealing edge that when compressed, seal the container top to the base. The compressible sealing edge are used to contain, e.g., your sandwich, and keep it fresh until lunch hour. These containers do not "secure" the sandwich, since anyone can open the container. The identified goods have no key, no combination, no tumbler or rotating lock cylinders, no mechanical or electronic lock, no deadbolts, no shackel, and the compressible seal feature does not "secure" or prevent access or keep anyone from opening the container. These containers for household or kitchen use have no similarity, structural or othewise, with the bank lock box or postal lock box examples noted in the office action. a. Can the lids of any of applicant?s containers be secured? The lids of applicant's containers have a compressible sealing edge that mates with the edge of the container base. There is no lock on any of the containers. The compressible sealing edges and hinged member do not "secure" the contents since anyone can open or unseal the container. The mateable, compressible edges and hinged member are shown in the drawing submitted herewith. b. If so, how are the lids secured? As the drawing submitted herewith shows, compressible sealing edges on the lid mate with the upper edge of the container base. A hinged member provides the compression that seals the edges together when that member engages with a raised ridge along the side of the container base. c. Does a consumer have to operate a component of the lids of applicant?s containers to open the lid? To unseal the compressible sealing edges on the the lid from the base, the hinged member is moved away from the ridge on the side of the container base.

EVIDENCE
Evidence has been attached: Engineering drawing of cross-sectional views of the compressible sealing edges and hinged member on the containers.
Original PDF file:
evi_74134233130-202011042 01121956695_._NaturesMark _Lockbox_SealSpecimens_10 _31_2020.pdf
Converted PDF file(s) ( 1 page) Evidence-1

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: BRIAN SYKES, a citizen of United States, having an address of
      2358 E. WALNUT AVE.
      FULLERTON, California 92831
      United States

Proposed: SYKES, BRIAN, a citizen of United States, having an address of
      2358 E. WALNUT AVE.
      FULLERTON, California 92831
      United States
      Email Address: XXXX
Correspondence Information (current):
      CHARLES L. THOMASON
      PRIMARY EMAIL FOR CORRESPONDENCE: thomason@spatlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): THOMASON.20@BUCKEYEMAIL.OSU.EDU
Correspondence Information (proposed):
      Charles L. Thomason
      PRIMARY EMAIL FOR CORRESPONDENCE: thomason@spatlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): THOMASON.20@BUCKEYEMAIL.OSU.EDU

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).

SIGNATURE(S)
Response Signature
Signature: /Charles L. Thomason/     Date: 11/04/2020
Signatory's Name: Charles L. Thomason
Signatory's Position: ATTORNEY OF RECORD

Signatory's Phone Number: 5023497227

The signatory has confirmed that an authorized U.S. licensed attorney has been appointed to represent the owner/holder; that he/she has been granted reciprocal recognition under 37 C.F.R. §11.14(c)(1) by the USPTO's Office of Enrollment and Discipline; and, that he/she is an authorized signatory based on 37 C.F.R. §11.14(c)(2).

Mailing Address:    CHARLES L. THOMASON
   
   
   14 RIDING RIDGE ROAD
   PROSPECT, Kentucky 40059
Mailing Address:    Charles L. Thomason
   14 RIDING RIDGE ROAD
   PROSPECT, Kentucky 40059
        
Serial Number: 88818190
Internet Transmission Date: Wed Nov 04 20:27:22 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202011042027221
23048-88818190-750d7b5646bb35fa57e5f579b
91de685311935b3fdf5d3a833214fd7913c178d4
8-N/A-N/A-20201104201121956695