Request for Reconsideration afier Final Action
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`Page 1 of 5
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`PTO Form 1930 (Rev 9/2007)
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`OMB No. 0651-0050 (Exp. 4/30/2009)
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`Request for Reconsideration after Final Action
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`nun“..........»m. ».-.
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`The table below presents the data as entered.
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`11'1"" Field
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`SERIAL NUMBER
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`78914982
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`LAW OFFICE ASSIGNED
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`LAW OFFICE 104
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`
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`MARK SECTION (no change)
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`ARGUMENT(S)
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`IN THE UNITED STATES
`PATENT AND TRADEMARK OFFICE
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`Applicant:
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`CONTERRA, INC.
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`Serial No.:
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`78/914,982
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`Filed:
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`06/22/2006
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`Mark:
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`RIGGING-POD
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`Examining Attorney:
`Linda M. Estrada
`
`Law Office 104
`
`Attorneys‘ Ref. T215203
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`\_/\./L/g/Q/\./\J
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`REQUEST FOR RECONSIDERATION
`
`
`Commissioner for Trademarks
`PO Box 1451
`Law Office 104
`Alexandria, VA 22313-1451
`Sir:
`
`This is in response to the Office Action emailed April 9, 2008.
`
`It is believed that no fee is
`
`presently due to maintain this application in full force and effect. However, if any such fee is due,
`
`please charge this to Account No. 502099.
`'
`
`REMARKS
`
`This is in response to the Office Action dated April 9, 2008.
`In that Office Action, the
`Examining Attorney continued the refusal to register the present mark based on descriptiveness. The
`Applicant respectfully requests reconsideration of this refusal. The Applicant respectfully reasserts
`the arguments made in the response submitted on August 7, 2007, and further submits the following
`
`
`
`
`
`file://\\ticrs-ais-O1\ticrsexport\HtmlToTiffInput\RFRO0012008_10_14_13_3l_47_TTAB...
`
`10/14/2008
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`

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`Request for Reconsideration after Final Action
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`Page 2 of 5
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`evidence and arguments.
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`In particular, Mr. Richard A. Lipke, President of the Applicant Corporation, has executed a
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`Declaration averring to the fact that the mark R|GGlNG-POD is not considered descriptive in the
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`context of the marketplace. Mr. Lipke’s Declaration states that he has 18 years of experience in the
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`relevant marketplace, that the term "rigging pod" has no significance in the marketplace, and that he
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`has conducted computer searches that support his understanding that the term RIGGING-POD is not
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`descriptive of the goods and services recited in the present application. Mr. Lipke’s Declarationls
`submitted herewith.
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`It is respectfully submitted that the above evidence and remarks place the present application
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`in condition for registration. and reconsideration of the refusal to register the present mark is
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`respectfully requested. To preserve its right to appeal, the Applicant is filing on the same date as this
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`Amendment a Notice of Appeal.
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`The Examining Attorney is invited to contact the Applicant's undersigned attorney if doing so
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`would help expedite registration. The Applicant's undersigned attorney can normally be reached at
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`the telephone number set forth below.
`Signed at Bellingham, County of Whatcom. State of Washington this 9*“ day of October,
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`2008.
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`Respectfully submitted,
`Conterra Inc.
`/michael r. schachtl
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`Michael R. Schacht, Reg. No. 33,550
`2801 Meridian Street, Suite 202
`Bellingham, WA 98225-2400
`phone: (360)647-0400
`fax: (360)647-0412
`
`
`
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`ORIGINAL
`PDF FILE
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`§g1{_";’Em‘§Tf”
`(2 W3, ‘ ’
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`DESCRIPTION OF EVIDENCE FILE
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`
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`SIGNATURE SECTION
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`
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`http://tgate/PDF/RFR/200 8/ 1 0/09/2008 1 0O9222204844527-
`78914982-001_001/evi_2417l78218-
`221939732_._T215203_Dec1arationofRickLipke_2008l009.pdf
`
`\\TICRS\EXPORT4\IMAGEOUT4\789\l49\789l4982\xmll
`\i<0LJ_P_G_
`
`\\'I'ICRS\EXPORT4\IMAGEOUT4\789\149\789 149 82\xml 1
`\RFR0003. JPG
`
`Declaration ofRichard A. Lipke, President ofApplicant
`
`-
`Corporation
`
`
`
`RESPONSE SIGNATURE
`
`/michael r schacht/
`
`file ://\\ticrs—ais-0 1 \ticrsexport\HtmlToTifiInput\RFR000 1 200 8_10_14_13_3 l_47__TTAB . ..
`
`10/14/2008
`
`

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`Request for Reconsideration after Final Action
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`Page 3 of 5
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`Michael R. Schacht
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`SIGNATORY‘S POSITION
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`Attorney of Record
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`SIGNATORY‘S NAME
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`
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`DATE SIGNED
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`.
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`10/09/2008
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`AUTHORIZED SIGNATORY
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`CONCURRENT APPEAL NOTICE
`FILED
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`Y S
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`V0
`‘L
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`FILING INFORMATION SECTION
`
`'
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`
`
`
`TEAS STAMP
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`Thu Oct 09 m2=04EDT 2008
`USPTO/RFR-24.17.178.218-2
`0081009222204844527-78914
`982-4304ef1 89dbd9fab4243a
`32749b2013a6d3-N/A-N/A—20
`08100922 1939732046
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`PTO Form 1930 (Rev 9/2007)
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`ours No. 055143050 (Exp. 4/so/2009)
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`Request for Reconsideration after Final Action
`
`To the Commissioner for Trademarks:
`
`Application serial no. 78914982 has been amended as follows:
`
`ARGUMENT(S)In response to the substantive refusal(s), please note the following:
`
`IN THE UNITED STATES
`PATENT AND TRADEMARK OFFICE
`
`Applicant:
`
`CONTERRA, INC.
`
`Serial No.:
`
`78/914,982
`
`Filed:
`
`06/22/2006
`
`Mark:
`
`RIGGlNG—POD
`
`Examining Attorney:
`Linda M. Estrada
`
`' Law Office 104
`
`Attorneys’ Ref. T215203
`
`\./\/\./s/g/\/\2
`
`Commissioner for Trademarks
`
`REQUEST FOR RECONSIDERATION
`
`file://\\ticrs-ais—01\ticrsexport\HtmlToTifflnput\RFR00012008_l0__14_13_31_47_TTAB...
`
`10/14/2008
`
`

`
`Request for Reconsideration afier Final Action
`
`Page 4 of 5
`
`PO Box 1451
`Law Office 104
`Alexandria, VA 22313-1451
`Sir:
`
`This is in response to the Office Action emailed April 9, 2008.
`
`It is believed that no fee is
`
`presently due to maintain this application in full force and effect. However, if any such fee is due,
`please charge this to Account No. 502099.
`‘
`
`REMARKS
`
`This is in response to the Office Action dated April 9, 2008.
`
`In that Office Action, the Examining
`
`Attorney continued the refusal to register the present mark based on descriptiveness. The Applicant
`
`respectfully requests reconsideration of this refusal. The Applicant respectfully reasserts the
`
`arguments made in the response submitted on August 7, 2007, and further submits the following
`
`evidence and arguments.
`
`In particular, Mr. Richard A. Lipke, President of the Applicant Corporation, has executed a
`
`Declaration averring to the fact that the mark RIGGING-POD is not considered descriptive in the
`
`context of the marketplace. Mr. Lipke's Declaration states that he has 18 years of experience in the
`
`relevant marketplace, that the term "rigging pod” has no significance in the marketplace, and that he
`
`has conducted computer searches that support his understanding that the term R|G_G|NG-POD is not
`
`descriptive of the goods and services recited in the present application. Mr. Lipke's Declaration is
`submitted herewith.
`
`It is respectfully submitted that the above evidence and remarks place the present application in
`_
`condition for registration, and reconsideration of the refusal to register the present mark is respectfully
`
`requested. To preserve its right to appeal, the Applicant is filing on the same date as this Amendment
`
`a Notice of Appeal.
`
`The Examining Attorney is invited to contact the Applicant's undersigned attorney if doing so
`would help expedite registration. The Applicant's undersigned attorney can normally be reached at the
`
`telephone number set forth below.
`Signed at Bellingham, County of Whatcom, State of Washington this 9”‘ day of October, 2008.
`Respectfully submitted,
`Conterra lnc.
`/michael r. schachtl
`
`Michael R. Schacht, Reg. No. 33,550
`2801 Meridian Street, Suite 202
`Bellingham, WA 98225-2400
`phone: (360) 647-0400
`fax: (360)647-0412
`
`EVTDENCE
`Evidence in the nature of Declaration of Richard A. Lipke, President of Applicant Corporation has been
`attached.
`
`file://\\ticrs-ais—01\ticrsexport\HtmlToTifiInput\RFR00O12008_10_14__13_31_47_TTAB...
`
`10/14/2008
`
`

`
`Request for Reconsideration afier Final Action
`
`Page 5 of 5
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`Original PDF file:
`http://tgate/PDF/RFR/2008/10/09/20081009222204844527-78914982-00l_001/evi_2417178218-
`221939732_._T215203_DeclarationofRickLipke_2008l009.pdf
`Converted PDF file(s) (2 pages)
`Evidence- 1
`Evidence—2
`
`SIGNATURE(S)
`Request for Reconsideration Signature
`Signature: /michae1rschacht/ Date: 10/09/2008
`Signatory's Name: Michael R. Schacht
`Signa1ory's Position: Attorney of Record
`
`The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of
`the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal
`territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to
`the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian
`attomey/agent not currently associated with his/her company/firm previously represented the applicant
`in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute
`power of attomey with the USPTO; (2) the USPTO has granted the request of the prior representative to
`withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the
`applicant's appointed U.S. attorney or Canadian attomey/agent has filed a power of attorney appointing
`him/her as an associate attorney in this matter.
`"
`
`The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.
`
`Serial Number: 78914982
`Internet Transmission Date: Thu Oct 09 22:22:04 EDT 2008
`
`TEAS Stamp: USPTO/RFR-24.17. l78.218—2008100922220484
`4527-78914982-4304ef189dbd9fab4243a32749
`b2013a6d3-N/A-N/A-2008100922l939732046
`
`file://\\ticrs-ais—01\ticrs exp ort\HtmlToTiff1nput\RF R000 1200 8_10_14_13_3 1_47_TTAB . ..
`
`10/14/2008
`
`

`
`IN THE UNITED STATES
`PATENT AND TRADEMARK OFFICE
`
`Applicant:
`
`CONTERRA, INC.
`
`Examining Attorney: Linda M. Estrada
`
`Serial No.:
`
`78/914,982
`
`Filed: 06/22/2006
`
`Mark: RIGGING-POD
`
`Assistant Commissioner for Trademarks
`2900 Crystal Drive
`Law Office 104
`Arlington, Virginia 22202-3513
`
`Sir:
`
`Law Office 104
`
`Attorneys’ Ref. T215203
`
`DECLARATION
`
`I, RICHARD A. LIPKE, state and aver the following:
`1.
`I am the President of CONTERRA INC., the Applicant named in the present application. I have been in
`the business of designing and selling products for use by emergency responders for approximately 18 years.
`2.
`I am familiar with a class of strut systems commonly known in the industry as a “jin—pole” or sometimes,
`depending upon the particular structure, as an “A—frame” or a “tri—pod”. These strut systems typically comprise a sup-
`port structure to which is attached a pulley that.supports a line used to raise, lower, or support an item or person. In the
`context of emergency response, a “gin-pole” system is often used to lift, lower, or support an injured person and/or a
`responder from a location that would otherwise be inaccessible.
`3.
`My understanding is that the term “pod” is latin for “foot” and thus is sometimes used with a numerical
`term to designate the number of points of contact between a support structure and the ground. In the context of a strut
`system, the term “tri-pod” refers to a support structure that employs three rigid, elongate legs to support the pulley. The
`term “tri—pod” is also used in photography to refer to a three—legged structure for supporting a camera.
`4.
`Conterra, Inc. has adopted the mark RIGGING-POD for use with a strut system as generally described '
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`above.
`
`In my experience, I have never heard the term “rigging pod” used in combination as a generic reference to
`5.
`a strut system or to describe such a strut system.
`6.
`Aside from references to the Conterra product, a Google search for the exact term “rigging pod” does
`not appear to turn up any references to uses of this term in the context of a strut system as described above. A search of
`Wikipedia turns up no reference that includes the separate terms “rigging” and “pod” used in combination or in reference
`to strut systems as described above.
`7.
`Based on my experience and my searches of the Internet as described above, I believe that the mark RIG-
`GING POD is neither descriptive of the goods recited in the present application nor generic in the context of the goods
`recited in the present application.
`8.
`Ihereby declare that, being hereby warned that willful false statements and the like so made are punish-
`able by fine or imprisonment, or both, under 18 U.S.C. 1001, and that such willful false statements may jeopardize the
`validity of the application or any resulting registration, declare that the facts set forth in this application are true; all state-
`ments made of my own knowledge are true; and all statements made on information and belief are believed to be true.
`
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`Date:
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`10/9/2008