| 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 11/30/2023) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 88861541 |
| LAW OFFICE ASSIGNED | LAW OFFICE 104 |
| MARK SECTION | |
| MARK | mark |
| LITERAL ELEMENT | FOREMOST IN COPPER |
| 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) | |
|
RESPONSE TO OFFICE ACTION This is a response to the Office Action that issued on June 24, 2020. REMARKS The Examining Attorney has refused registration under Section 2(e)(1), on the grounds that Applicant's mark, FOREMOST IN COPPER, is allegedly merely descriptive of a feature or characteristic of the applied-for services. Although Applicant respectfully disagrees with this finding, in order to expedite issuance of the registration, Applicant is herein amending this application to the Supplemental Register. To support that amendment, Applicant filed an Amendment to Allege Use on December 14, 2020 submitting an example of use of its mark with the applied-for services. CONCLUSION In light of the filing of the Amendment to Allege Use and the entry of the amendment discussed above, Applicant respectfully requests that the refusal be withdrawn and this application be approved for registration on the Supplemental Register. |
|
| ADDITIONAL STATEMENTS SECTION | |
| SUPPLEMENTAL REGISTER | The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register'). |
| CORRESPONDENCE INFORMATION (current) | |
| NAME | Bruce E. Dahl |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | ip@fclaw.com |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | NOT PROVIDED |
| DOCKET/REFERENCE NUMBER | 028851.0495 |
| CORRESPONDENCE INFORMATION (proposed) | |
| NAME | Bruce E. Dahl |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | ip@fclaw.com |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | NOT PROVIDED |
| DOCKET/REFERENCE NUMBER | 028851.0495 |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Bruce E. Dahl/ |
| SIGNATORY'S NAME | Bruce E. Dahl |
| SIGNATORY'S POSITION | Attorney of record, Colorado bar member |
| SIGNATORY'S PHONE NUMBER | 303-291-3205 |
| DATE SIGNED | 12/18/2020 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Mon Dec 21 08:52:57 ET 2020 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XX.XXX-2 0201221085257383304-88861 541-7502a907c5312597950c0 81751c57cf3d3be98a69d25a1 1e32bd31ab5eff1a97de-N/A- N/A-20201217172733713504 |
| 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 11/30/2023) |
RESPONSE TO OFFICE ACTION
This is a response to the Office Action that issued on June 24, 2020.
REMARKS
The Examining Attorney has refused registration under Section 2(e)(1), on the grounds that Applicant's mark, FOREMOST IN COPPER, is allegedly merely descriptive of a feature or characteristic of the applied-for services. Although Applicant respectfully disagrees with this finding, in order to expedite issuance of the registration, Applicant is herein amending this application to the Supplemental Register. To support that amendment, Applicant filed an Amendment to Allege Use on December 14, 2020 submitting an example of use of its mark with the applied-for services.
CONCLUSION
In light of the filing of the Amendment to Allege Use and the entry of the amendment discussed above, Applicant respectfully requests that the refusal be withdrawn and this application be approved for registration on the Supplemental Register.