TRADEMARK APPLICATION NO. 78443574 - FOUR-DOOR COUPE - 9692,6709
`
`Page 1 of 2
`
`T0:
`
`NATHANIEL HEARD (bet_ty@danpolley.com)
`
`Subject:
`
`TRADEMARK APPLICATION NO. 78443 574 - FOUR-DOOR COUPE -
`9692.6709
`
`Sent:
`
`9/18/2006 6:48:39 PM
`
`Sent As:
`
`ECOMI l4@USPTO.GOV
`
`Attachments: Attachment - 1
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`SERIAL N0:
`
`78/443574
`
`APPLICANT:
`
`NATHANIELHEARD Q
`
`CORRESPONDENT ADDRESS:
`
`DANIEL S. POLLEY, ESQ.
`DANIEL s. POLLEY, P.A.
`1215 EAST BROWARD BOULEVARD
`FORT LAUDERDALE, FL 33301
`
`MARK:
`
`FOUR-DOOR COUPE
`
`CORRESPONDENT’S REFERENCE/DOCKET NO: 9692.6709
`
`CORRESPONDENT EMAIL ADDRESS:
`"°“y@“‘“‘P°“°Y~°°“‘
`
`RETURN ADDRESS;
`
`Commissioner for Trademarks
`R0. Box,1451
`A13xa"d“aaVA 72313-1451
`
`Ifno fees are enclosed, the address should
`include the words "BOX Responses - No Fee."
`
`Please provide in all correspondmcez
`1.F'l'dt,'al
`b,2ul< d
`a,'.$i'rgca.{iv§..sai'i.';. ""'" .°'
`'"
`3”
`ii '§?£ni§ri1';S§i§'.§°e??$3§‘.;¢ and
`Law Office number.
`4. Your telephone number and e-mail
`addrc$..
`
`Serial Number 78/443574
`
`The Office has reassigned this application to the undersigned examining attorney.
`
`This letter responds to the applicant’s communication filed on June 2, 2006.
`
`Applicant’s petition to revive has been granted.
`
`Afier carefiil consideration of the law and facts of the case, the examining attorney must deny the
`request for reconsideration and adhere to the final action as written since no new facts or reasons have
`been presented that are significant and compelling with regard to the point at issue.
`
`Accordingly, applicant’s request for reconsideration is denied. The application will be forwarded to the
`TI‘AB consistent with app1icant’s appeal. 37 C.F.R. Section 2.64(b); TMEP Section 7l5.03(c).
`
`The request for reconsideration is denied and the descriptiveness refusal under Trademark Act Section 2
`(e)( 1) is continued and the finality of the last Oflice action is maintained. A mark is merely descriptive
`
`file ://\\ticrs-ais-O 1\ticrsexport\HtrnlToTifflnput\REC000 1 2006_O9_25_O 8_5 1_32_TTABO . ..
`
`9/25/2006
`
`

`
`TRADEMARK APPLICATION NO. 78443574 — FOUR-DOOR COUPE - 9692.6709
`
`Page 2 of 2
`
`under Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)( 1), if it describes an ingredient, quality,
`characteristic, function, feature, purpose or use of the relevant goods. In re Gyulay, 820 F.2d 1216, 3
`USPQ2d 1009 (Fed. Cir. 1987); In re Bed & Brealc;fastRegist7;v, 791 F.2d 157, 229 USPQ 818 (Fed.
`Cir. 1986); In re MetPath Inc., 223 USPQ 88 ('ITAB 1984); In re Bright-Crest, Ltd., 204 USPQ 591
`(TTAB 1979); TMEP §l209.01(b).
`
`Applicant has made reference to its U.S. Patent Registration No. 6889374. The patent is attached to this
`Office action. See below for pertinent language retrieve from the patent’s abstract (bold part by the
`Office):
`
`“An automobile, in particular those considered as a Personal Luxury Car, Performance Car, "Pony
`Car"/Sports Car, or Grand Touring car, that seems as a two door coupe, by appearing to have only left
`and right front doors, but in actuality has four doors; where the left and right rear doors are "hidden",
`and appear as solid rear quarter panels, but have selective hinge points or piyot points along the roof line
`or at the rear bumper/tail/light/trunk area, or at some location to that allows the rear quarter panel, to
`move away from the car's rear seating area and provide passenger entry/exit.”
`
`Thus the record supports the proposition that applicant’s coupe automobiles have four doors. An
`amendment to the identification of goods indicating that applicant’s coupe only have two doors would
`be deemed unacceptable as inaccurate.
`
`As stated, applicant’s request for reconsideration is denied. The application will be forwarded to the
`TTAB consistent with applicant’s appeal.
`
`/Rau1Cordova/
`Law Office 114
`571-272-9448
`
`RightFax 571-273-9448
`
`file://\\ticrs-ais-01\ticrsexport\HtmlToTiffInput\RECOO012006_O9_25_08_5 l_3 2_'I'1‘ABO . ..
`
`9/25/2006
`
`

`
`
`
`LexisNexis" Total Research System
`My Lexis‘?
`Search Research Tasks Search Aclvisor Get a Document
`
`snepamafv” Alerts
`
`.
`
`seem —
`
`0" a u
`
`Ll
`
`.
`
`FOCU 5"‘ Terms ]B839374
`
`Search Wnhi
`
`
`
`
`
`
`
`
`, Eflml.,.
`4
`W r1]
`ELMI‘ll_l1.9Llii5|
`Pat. No.6899374 )
`-uuuuu ; an-u arr.-oust: ea av--u «gun §1\a\aIs\uI
`
`” View.‘ isgistniigugggmii“
`
`
`
`s-vvc-1' ovlvulu mu. nun» s-nu Inglis nun: uvwau \—l\h
`
`. ..
`
`.|
`
`s,._s,._,
`
`Pages:
`’¢o.nvsIu[ aw..- nun- wuulsu-5401.4 Iuulvv rovurua an runwa-
`
`1
`
`points along the roof line or at the rear bumper/tail/light/trunk area, or at some location to that allows the rear quarter panel, to move away
`from the car's rear seating area and provide passenger entry/exit. The invention includes a separate aspect of converting existing cars like
`the aforementioned from their original configuration, being either 2 door coupes or 4 door sedans into this invention, called the "4 door
`Coupe” (the 5 Door Coupe, when the trunk or rear hatch is considered as a door). The invention includes another separate feature of the
`rear quarter panels and rear hatch being removable, along with the omer aforementioned unique features, in some cases, allowing the car to
`function as a truck. other alternate features include the vehicles‘ front doors being elongated backward to extend into the section
`approximately equivalent to the thickness of the front seat backs, to give the appearance of a two door coupe. Also included are the names
`for the invention, being ‘The Four Door Coupe“ or “Five Door Coupe” (where the trunk hatch is considered a fifth door), as a designation for a
`particular type of car. An example of this aspect would be the name, Convertible, defining a certain type of car, exclusively. The invention
`also includes a Side Impact safety wall, being a plate-like structure that is approximately the height of the vehicle's seat backs. This wall
`extends to the vertical door pillars and is structurally secured to the posts. The wall may be a two-piece unit that is adjustable to allow
`front to back movement of the front seats in the car, to allow the front seated occupants of the car to regulate their “leg room‘, for
`riding/driving comfort. The invention includes the aspect of having a similar wall in back of the "rear passenger“ seat backs. The combination
`of these walls being attached to the sides and floor of the vehicle's frame precipitates a much more rigid passenger compartment than those
`of existing cars, which is extremely important, in regard to reducing serious injury to both the front and rear passengers in a car subjected to
`a side impact collision.
`. _.c...__..__.,#. c_..._.._._._....._
`
`CEm|0,ei
`
`’
`
`
`
`: remr‘
`
`of
`
`1 >