Response to Office Action

SELECT

Universal Yarn, Inc.

Response to Office Action

PTO- 1957
Approved for use through 11/30/2023. OMB 0651-0050
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 90115541
LAW OFFICE ASSIGNED LAW OFFICE 117
MARK SECTION
MARK mark
LITERAL ELEMENT SELECT
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)
This reply is being filed in response to the Office Action dated December 11, 2020. The Examining Attorney has raised one objection, a descriptiveness refusal under Section 2(e)(1). Applicant hereby requests to amend the present application to the Supplemental Register. At this time, Applicant has filed an Amendment to Allege Use and amendment to the Supplemental Register is now appropriate. Applicant submits that the refusal to register under Trademark Act Section 2(e)(1) is moot in view of the Amendment to the Supplemental Register. It is not believed there are any fees associated with this Response; however, should any fees be necessary, same may be charged to Deposit Account No. 501196 of the undersigned attorney. It is accordingly submitted that the mark of this application is entitled to registration. The Examining Attorney is encouraged to contact the undersigned with any questions with regard to the above.
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'). NOTE: The applicant has separately filed an Allegation of Use, to change the basis of this application from Section 1(b), intent-to-use, to Section 1(a), use in commerce.
CORRESPONDENCE INFORMATION (current)
NAME SUSAN S. JACKSON
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE ip@nelsonmullins.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) susan.jackson@nelsonmullins.com
DOCKET/REFERENCE NUMBER 043759/09239
CORRESPONDENCE INFORMATION (proposed)
NAME Susan S. Jackson
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE ip@nelsonmullins.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) susan.jackson@nelsonmullins.com
DOCKET/REFERENCE NUMBER 043759/09239
SIGNATURE SECTION
RESPONSE SIGNATURE /SusanS. Jackson/
SIGNATORY'S NAME Susan S. Jackson
SIGNATORY'S POSITION Attorney of Record, NC Bar Member
SIGNATORY'S PHONE NUMBER 704-417-3126
DATE SIGNED 06/11/2021
ROLE OF AUTHORIZED SIGNATORY Authorized U.S.-Licensed Attorney
SIGNATURE METHOD Sent to third party for signature
FILING INFORMATION SECTION
SUBMIT DATE Fri Jun 11 15:12:52 ET 2021
TEAS STAMP USPTO/ROA-XX.XXX.XX.XX-20
210611151252786338-901155
41-7807d33e890824267fef19
a4640776410f192936935a4d9
7e45bcaa16ed7bcb7aab-N/A-
N/A-20210610134844061593



PTO- 1957
Approved for use through 11/30/2023. OMB 0651-0050
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 90115541 SELECT(Standard Characters, see http://uspto.report/TM/90115541/mark.png) has been amended as follows:

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

This reply is being filed in response to the Office Action dated December 11, 2020. The Examining Attorney has raised one objection, a descriptiveness refusal under Section 2(e)(1). Applicant hereby requests to amend the present application to the Supplemental Register. At this time, Applicant has filed an Amendment to Allege Use and amendment to the Supplemental Register is now appropriate. Applicant submits that the refusal to register under Trademark Act Section 2(e)(1) is moot in view of the Amendment to the Supplemental Register. It is not believed there are any fees associated with this Response; however, should any fees be necessary, same may be charged to Deposit Account No. 501196 of the undersigned attorney. It is accordingly submitted that the mark of this application is entitled to registration. The Examining Attorney is encouraged to contact the undersigned with any questions with regard to the above.

ADDITIONAL STATEMENTS
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'). NOTE: The applicant has separately filed an Allegation of Use, to change the basis of this application from Section 1(b), intent-to-use, to Section 1(a), use in commerce.

Correspondence Information (current):
      SUSAN S. JACKSON
      PRIMARY EMAIL FOR CORRESPONDENCE: ip@nelsonmullins.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): susan.jackson@nelsonmullins.com

The docket/reference number is 043759/09239.
Correspondence Information (proposed):
      Susan S. Jackson
      PRIMARY EMAIL FOR CORRESPONDENCE: ip@nelsonmullins.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): susan.jackson@nelsonmullins.com

The docket/reference number is 043759/09239.

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: /SusanS. Jackson/     Date: 06/11/2021
Signatory's Name: Susan S. Jackson
Signatory's Position: Attorney of Record, NC Bar Member

Signatory's Phone Number: 704-417-3126 Signature method: Sent to third party for signature

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:    SUSAN S. JACKSON
   NELSON MULLINS RILEY & SCARBOROUGH LLP
   SUITE 2300
   301 SOUTH COLLEGE STREET
   CHARLOTTE, North Carolina 28202
Mailing Address:    Susan S. Jackson
   NELSON MULLINS RILEY & SCARBOROUGH LLP
   SUITE 2300
   301 SOUTH COLLEGE STREET
   CHARLOTTE, North Carolina 28202
        
Serial Number: 90115541
Internet Transmission Date: Fri Jun 11 15:12:52 ET 2021
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20210611151252786
338-90115541-7807d33e890824267fef19a4640
776410f192936935a4d97e45bcaa16ed7bcb7aab
-N/A-N/A-20210610134844061593



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