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 1960 (Rev 10/2011)
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`OMB No. 0651-0050 (Exp 07/31/2017)
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`Request for Reconsideration after Final Action
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`Input Field
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`SERIAL NUMBER
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`LAW OFFICE ASSIGNED
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`MARK SECTION
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`MARK
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`LITERAL ELEMENT
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`STANDARD CHARACTERS
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`USPTO-GENERATED IMAGE
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`MARK STATEMENT
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`ARGUMENT(S)
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`The table below presents the data as entered.
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`Entered
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`86628900
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`LAW OFFICE 106
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`http://tmng-al.uspto.gov/resting2/api/img/86628900/large
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`SUTRO
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`YES
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`YES
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`The mark consists of standard characters, without claim to any particular font style,
`size or color.
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`Response to Office Action In response to an Office Action from the Trademark Examining Attorney dated June 16, 2015, Applicant submitted
`a response on October 1, 2015 and the Examining Attorney subsequently re-refused registration, issuing a final office action on October 30,
`2015. Applicant hereby respectfully requests that the Examining Attorney reconsider Applicant?s arguments as submitted below. The
`Examining Attorney has refused registration of the Applicant?s mark (the ?Applicant?s Mark?) pursuant to Trademark Act Section 2(e)(4), 15
`U.S.C. ? 1052(e)(4) on the basis that the primary significance of Applicant's Mark is as a surname. Applicant respectfully disagrees with the
`findings and requests that the Examining Attorney reconsider the refusal and allow registration of the Applicant's Mark. The test for
`determining whether a mark is primarily merely a surname is whether the primary significance of the mark as a whole is seen as primarily
`merely a surname to the purchasing public. In re Hutchinson Technology, Inc., 852 F.2d 552, 554, 7 USPQ2d 1490, 1492 (Fed. Cir. 1988); In
`re Kahan & Weisz Jewelry Mfg. Corp., 508 F.2d 831, 832, 184 USPQ 421, 422 (CCPA 1975); In re Harris Intertype Corp., 51888 F.2d 629,
`631, 186 USPQ 238, 239 (CCPA 1975); Rivera Watch Corp., 106 USPQ 145, 149 (Com'r Pat.1955). ?[I]t is the impact or impression which
`should be evaluated in determining whether or not the primary significance of a word when applied to a product is a [sic] surname
`significance. If it is, and it is only that, then it is primarily merely a surname.? In re Giger, 78 USPQ2d 1405, 1407 (TTAB 2006), quoting In re
`Harris-Intertype Corp., 518 F.2d 629, 186 USPQ 238, 239 (CCPA 1975), quoting Ex parte Rivera Watch Corp., 106 USPQ 145 (Comm'r
`1955) (emphasis in the original). Several factors are also relevant in determining the primary significance of a mark in surname cases,
`including: (1) the degree of the surname?s rareness; (2) whether anyone connected with the applicant has the mark as a surname; (3) whether
`the mark has any recognized meaning other than as a surname; (4) whether the mark has the structure and pronunciation of a surname; and (5)
`whether the mark has the ?look and feel? of a surname. See In re Benthin Management GmbH, 37 USPQ2d 1332 (TTAB 1995). The
`Applicant's Mark is not primarily merely a surname. For purposes of this response, the Applicant focuses on three factors. First, Sutro is an
`extremely rare surname in the United States. Second, the term Sutro has recognized meaning and significance other than as a surname. Both
`residents and visitors alike widely recognize and know Sutro as a historical district within San Francisco, as a San Francisco mayor, and there
`are many third party companies using SUTRO as a trademark. Third, the term Sutro does not have the ?look and feel? of a surname. A. The
`Applicant's Mark Is An Extremely Rare Surname As evidence attached to the Office Action, the Examining Attorney provided evidence that
`SUTRO appears 168 times as a surname in a nationwide telephone dictionary of names. None of these records has been verified to ascertain if
`the listed individual has died, married or moved out of the country. Nor has the list been vetted for duplicate entries. In a country with over 300
`million people, an unsupported total of 168 people with the surname is extremely rare in the United States. See In re Joint-Stock Co. ?Baik,?
`84 USPQ2d 1921, 1923 (TTAB 2008) (BAIK considered ?extremely rare? based on 456 directory listings.) See also In re United Distillers
`PLC, 57 USPQ2d 1220, 1221 (TTAB 200) (HACKLER held rare with 1,295 listings). Applicant respectfully submits that the use of SUTRO
`as surname among such a tiny portion of the population does not constitute prima facie evidence that the term has primarily surname
`significance. If both 1,295 listings and 456 listings of a surname have been held rare by the TTAB, then a mere 168 listings should also be held
`rare. The fact that SUTRO is an extremely rare surname in the United States holds strongly in the Applicant?s favor. B. The Applicant's Mark
`Has Recognized Meaning Other Than As A Surname. A mark that has recognized meaning other than as a surname is less likely to be
`considered primarily merely a surname. In re BDH Two, Inc., 26 USPQ2d 1556 (TTAB 1993) (GRAINGERS for crackers and chips made
`from cereal grains would not be perceived as a surname, but consumers ?probably will view the mark as suggestive of the grain-based nature
`of the products.?); In re the Monotype Corp. Plc, 14 USPQ2d 1070, 1070 (TTAB 1989) (finding that the word CALLISTO has significant non-
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`

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`surname meaning from Greek mythology). Further, a term with surname significance may not be primarily merely a surname if that term also
`identifies a historical place or person. See In re Pyro-Spectaculars, Inc., 63 USPQ2d 2022, 2024 (TTAB 2002); see also In re Jack B. Binion,
`93 U.S.P.Q.2d 1531, 2009 WL 5194992 (TTAB 2009). As a basis for the denial, the Examining Attorney states that the word SUTRO ?has no
`meaning or significance other than as a surname.? This statement, however, is unsupported. The term SUTRO defines a famous historical
`district in the westernmost area in San Francisco, within the Golden Gate National Recreation Area, as further described below. This area was
`developed by the famous Adolph Sutro, a former San Francisco mayor, in the late 19th century, and remains a popular recreation and
`entertainment district within the city. The term also is the name of many different Bay Area based companies and other third party companies.
`The test to be applied in determining whether a mark is primarily merely a surname, ?is not the rarity of the name, nor whether it is the
`applicant's name, nor whether it appears in one or more telephone directories, nor whether it is coupled with a baptismal name or initials. The
`test should be: What is its primary significance to the purchasing public?? Ex Parte Rivera Watch Corp., 106 U.S.P.Q. (BNA) ? 145 (Com'r
`Pat. & Trademarks July 8, 1955). In Rivera the court reasoned, ?Applying the test to the mark sought here to be registered, it is not believed
`that the average member of the purchasing public would, upon seeing ?Rivera? used as a trademark on watches, be likely to think of its being a
`surname-even though it does not appear to have any meaning as a word in the language. The decision of the Examiner of Trademarks is
`reversed.? Id. Similarly, the public associates the term SUTRO with the famous San Francisco historical Sutro District, as this district, as stated
`above, remains a popular entertainment district and tourist attraction within the city to the present day. (See Evidence Attached relating to
`Sutro District, Sutro Baths, Sutro Heights, Sutro Tower and Mount Sutro Forest.) A term with surname significance may not be primarily
`merely a surname if that term also identifies a historical place or person. In re Pyro-Spectaculars, Inc., 63 USPQ2d 2022, 2024 (TTAB 2002).
`The Sutro Historic District is a National Park Service historic district in the Lands End area of the Outer Richmond District in western San
`Francisco, California. It is within the Golden Gate National Recreation Area, since being acquired by the National Park Service in 1977. In
`1881 Adolph Sutro purchased the undeveloped land and over time, he established a private railroad company, the Sutro Gardens, Sutro Baths
`and extensively expanded the 1869 Cliff House. Today, this historic district encompasses famous attractions such as Sutro Heights, the Sutro
`Bath ruins, Mount Sutro Forest, Sutro Tower, and the historic Cliff House. (See Evidence Attached relating to Sutro District, Sutro Baths,
`Sutro Heights, Sutro Tower and Mount Sutro Forest.) The Cliff House is one of the most famous restaurants in San Francisco and features on
`its website and venue feature information about the famous historic SUTRO district and related attractions. Thus, because the Sutro District is
`universally regarded as a historic district, the term SUTRO should not be regarded as primarily merely a surname. Furthermore, Adolph Sutro
`is a historical figure. As stated previously, a term with surname significance may not be primarily merely a surname if that term also identifies
`a historical person. Id. In addition to serving as the mayor of San Francisco from 1894 to 1896, Adolph Sutro was an entrepreneur and real
`estate developer who helped shape the landscape of late 19th century San Francisco. Interested in providing inexpensive recreation for the
`general public, he changed San Francisco's sparse and undeveloped Point Lobos area into a flourishing recreational complex that during its
`heyday boasted the Cliff House, Sutro Baths and Sutro Heights. (See Attached Evidence relating to Adolph Sutro). Adolph Sutro is still talked
`about today as is evidenced by the 171 News recent articles in Nexi Lexis that come up in the search results when searching for ?Adolph and
`Sutro and Mayor.? (See LexisNexis screenshot attached). These articles are particularly timely with the upcoming elections and make many
`references and comparisons to Adolph Sutro and the People Party who initially supported his candidacy. In addition, the public not only
`associates the term SUTRO with the Sutro District, but also with various types of well known and established products and services, many of
`which are located in the San Francisco Bay Area. For example, Sutro Biopharma is a well known biopharmaceutical company and is located in
`San Francisco, home of the famous Sutro District (http://www.sutrobio.com/contact-us/). (See Evidence Attached). Other examples of
`companies with the name Sutro located in the Bay Area include: Sutro Stewards (http://sutrostewards.org/page/mission); Sutro Elementary
`(http://www.sutroelementary.com/); Sutro BackPacks (handcrafted in San Francisco found here http://www.rickshawbags.com/sutro-
`backpack-cordura.html#272=89); Sutro Eyewear (http://www.sutrovision.com/contact/); Sutro Software (https://sutrosoftware.com/contact);
`Sutro Energy Group (http://www.sutroenergygroup.com/projects.html); Sutro Property Management (http://www.sutroprop.com/); Sutro Labs
`(http://www.sutrolab.com/www.sutrolab.com/lab-profile); Sutro Footwear (http://www.sutrofootwear.com/pages/about-us). (See Evidence
`Attached). It is important to also note that the term SUTRO has active US trademark registrations. Shoebiz, Inc. has registered the term
`SUTRO in class 25 for men?s, women?s and children?s footwear, namely, shoes, boots and sandals (registration no. 4340751). Jim Parkinsson
`has registered the term SUTRO in class 9 for type face fonts recorded on magnetic and optical media (registration no. 2808156). Corn Products
`International has a registration for Non- crystallizing sorbitol solution (registration no. 3682298). And Instragram, a popular company, has
`registered the term SUTRO in class 009 (registration no. 4927357). (See Registrations Attached). Furthermore, the Examining Attorney?s
`assertion that because the term SUTRO is not in the dictionary, it cannot have meaning or significance outside of a surname is, again,
`incorrect. A quick review of the American Heritage Dictionary shows no entry for the terms TRIBECA or ALLERTON, but anyone familiar
`with the neighborhoods of New York City will understand both terms have very distinct meanings. The same is true is true for the term
`SUTRO. The general public will understand that the term SUTRO has a very distinct meaning, as the name of a historic district in San
`Francisco. As such, the word SUTRO has a meaning independent from that of a surname. C. The Applicant?s mark does not have the ?look
`and feel? of a surname The term SUTRO does not have the ?look and feel? of a surname. Previously, the TTAB rejected an examining
`attorney's argument that the mere fact that the mark PINTRO ends in ?O? imbues the mark with the look and feel of a surname. The examining
`attorney argued that ?many surnames end with the letter ?O?, for example, Amato, Bruno, Castro, DeMarco, Gallo, Romano. CASTRO even
`ends with the same last three letters as PINTRO.? The TTAB found no shared ?pattern? such that the public would assume that PINTRO is a
`surname. The TTAB explained, ?In fact, the only example the examining attorney offers with a common letter string of three letters is Castro.
`We also find this unpersuasive. We see no shared ?pattern? such that the public would assume that PINTRO is a surname.? It is in the case of a
`rare surname that we need to weigh ?look and feel? carefully, particularly where there is no ?cue,? such as a title, an initial or possessive form
`to signal that the term is a surname. In re Nelson Souto Major Piquet, 5 USPQ2d 1367, 1368 (TTAB 1987). In this case, the TTAB found that
`there is no evidence that relevant purchasers would be ?preconditioned? to perceive PINTRO as a surname. Id. Similarly, the mark SUTRO
`ends in ?O?, which does not necessarily imply that the mark has the look and feeling of a surname. Given the evidence offered above, there is
`
`

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`no shared pattern such that the public would assume that SUTRO is a surname or that relevant purchasers would be preconditioned to perceive
`SUTRO as a surname. D. Conclusion Taking into account the totality of the circumstances, it is clear that the name SUTRO is not seen as
`primarily merely a surname. First, the term SUTRO is a very rare surname. Second, the term SUTRO is both the name of a historical figure
`and historical place. Third, there are many companies located in San Francisco, where the historic district is located, that are named SUTRO.
`Fourth, there are other companies that have federal trademark registrations for the mark SUTRO. And finally, SUTRO does not have the look
`and feel of a surname. Again, taking into account all of these considerations, one cannot reasonably argue that the term SUTRO is primarily
`seen as merely a surname. Thus, Applicant respectfully requests that the Examining Attorney allow this application to proceed to registration.
`
`EVIDENCE SECTION
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`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)ORIGINAL PDF FILE
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`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)CONVERTED PDF FILE(S)
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(46 pages)
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`evi_1721414169-20160429122309097590_._Sutro_EVIDENCE_FINAL_COPY.pdf
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`Argument, Evidence of Bay Area Companies using the mark SUTRO, evidence of
`SUTRO third party registrations, evidence of SUTRO as a famous historical figure
`and famous geographical place.
`
`/jlfajfar/
`
`Jessica Fajfar
`
`Clinic Supervisor
`
`04/29/2016
`
`YES
`
`YES
`
`Fri Apr 29 12:39:15 EDT 2016
`
`USPTO/RFR-XXX.XX.XX.XXX-2
`0160429123915354038-86628
`900-55026c6e8f9c610f043b8
`c2b125727d19643845ff517b1
`92a54661a3554512ad7d-N/A-
`N/A-20160429122309097590
`
`DESCRIPTION OF EVIDENCE FILE
`
`SIGNATURE SECTION
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`RESPONSE SIGNATURE
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`SIGNATORY'S NAME
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`SIGNATORY'S POSITION
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`DATE SIGNED
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`AUTHORIZED SIGNATORY
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`CONCURRENT APPEAL NOTICE FILED
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`FILING INFORMATION SECTION
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`SUBMIT DATE
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`TEAS STAMP
`
`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 1960 (Rev 10/2011)
`
`OMB No. 0651-0050 (Exp 07/31/2017)
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
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`
`Request for Reconsideration after Final Action
`To the Commissioner for Trademarks:
`
`Application serial no. 86628900(cid:160)SUTRO(Standard Characters, see http://tmng-al.uspto.gov/resting2/api/img/86628900/large) has been amended
`as follows:
`
`ARGUMENT(S)
`In response to the substantive refusal(s), please note the following:
`
`Response to Office Action In response to an Office Action from the Trademark Examining Attorney dated June 16, 2015, Applicant submitted a
`response on October 1, 2015 and the Examining Attorney subsequently re-refused registration, issuing a final office action on October 30, 2015.
`Applicant hereby respectfully requests that the Examining Attorney reconsider Applicant?s arguments as submitted below. The Examining
`Attorney has refused registration of the Applicant?s mark (the ?Applicant?s Mark?) pursuant to Trademark Act Section 2(e)(4), 15 U.S.C. ?
`1052(e)(4) on the basis that the primary significance of Applicant's Mark is as a surname. Applicant respectfully disagrees with the findings and
`requests that the Examining Attorney reconsider the refusal and allow registration of the Applicant's Mark. The test for determining whether a
`mark is primarily merely a surname is whether the primary significance of the mark as a whole is seen as primarily merely a surname to the
`purchasing public. In re Hutchinson Technology, Inc., 852 F.2d 552, 554, 7 USPQ2d 1490, 1492 (Fed. Cir. 1988); In re Kahan & Weisz Jewelry
`Mfg. Corp., 508 F.2d 831, 832, 184 USPQ 421, 422 (CCPA 1975); In re Harris Intertype Corp., 51888 F.2d 629, 631, 186 USPQ 238, 239
`(CCPA 1975); Rivera Watch Corp., 106 USPQ 145, 149 (Com'r Pat.1955). ?[I]t is the impact or impression which should be evaluated in
`determining whether or not the primary significance of a word when applied to a product is a [sic] surname significance. If it is, and it is only
`that, then it is primarily merely a surname.? In re Giger, 78 USPQ2d 1405, 1407 (TTAB 2006), quoting In re Harris-Intertype Corp., 518 F.2d
`629, 186 USPQ 238, 239 (CCPA 1975), quoting Ex parte Rivera Watch Corp., 106 USPQ 145 (Comm'r 1955) (emphasis in the original). Several
`factors are also relevant in determining the primary significance of a mark in surname cases, including: (1) the degree of the surname?s rareness;
`(2) whether anyone connected with the applicant has the mark as a surname; (3) whether the mark has any recognized meaning other than as a
`surname; (4) whether the mark has the structure and pronunciation of a surname; and (5) whether the mark has the ?look and feel? of a surname.
`See In re Benthin Management GmbH, 37 USPQ2d 1332 (TTAB 1995). The Applicant's Mark is not primarily merely a surname. For purposes
`of this response, the Applicant focuses on three factors. First, Sutro is an extremely rare surname in the United States. Second, the term Sutro has
`recognized meaning and significance other than as a surname. Both residents and visitors alike widely recognize and know Sutro as a historical
`district within San Francisco, as a San Francisco mayor, and there are many third party companies using SUTRO as a trademark. Third, the term
`Sutro does not have the ?look and feel? of a surname. A. The Applicant's Mark Is An Extremely Rare Surname As evidence attached to the
`Office Action, the Examining Attorney provided evidence that SUTRO appears 168 times as a surname in a nationwide telephone dictionary of
`names. None of these records has been verified to ascertain if the listed individual has died, married or moved out of the country. Nor has the list
`been vetted for duplicate entries. In a country with over 300 million people, an unsupported total of 168 people with the surname is extremely
`rare in the United States. See In re Joint-Stock Co. ?Baik,? 84 USPQ2d 1921, 1923 (TTAB 2008) (BAIK considered ?extremely rare? based on
`456 directory listings.) See also In re United Distillers PLC, 57 USPQ2d 1220, 1221 (TTAB 200) (HACKLER held rare with 1,295 listings).
`Applicant respectfully submits that the use of SUTRO as surname among such a tiny portion of the population does not constitute prima facie
`evidence that the term has primarily surname significance. If both 1,295 listings and 456 listings of a surname have been held rare by the TTAB,
`then a mere 168 listings should also be held rare. The fact that SUTRO is an extremely rare surname in the United States holds strongly in the
`Applicant?s favor. B. The Applicant's Mark Has Recognized Meaning Other Than As A Surname. A mark that has recognized meaning other
`than as a surname is less likely to be considered primarily merely a surname. In re BDH Two, Inc., 26 USPQ2d 1556 (TTAB 1993)
`(GRAINGERS for crackers and chips made from cereal grains would not be perceived as a surname, but consumers ?probably will view the mark
`as suggestive of the grain-based nature of the products.?); In re the Monotype Corp. Plc, 14 USPQ2d 1070, 1070 (TTAB 1989) (finding that the
`word CALLISTO has significant non-surname meaning from Greek mythology). Further, a term with surname significance may not be primarily
`merely a surname if that term also identifies a historical place or person. See In re Pyro-Spectaculars, Inc., 63 USPQ2d 2022, 2024 (TTAB 2002);
`see also In re Jack B. Binion, 93 U.S.P.Q.2d 1531, 2009 WL 5194992 (TTAB 2009). As a basis for the denial, the Examining Attorney states that
`the word SUTRO ?has no meaning or significance other than as a surname.? This statement, however, is unsupported. The term SUTRO defines
`a famous historical district in the westernmost area in San Francisco, within the Golden Gate National Recreation Area, as further described
`below. This area was developed by the famous Adolph Sutro, a former San Francisco mayor, in the late 19th century, and remains a popular
`recreation and entertainment district within the city. The term also is the name of many different Bay Area based companies and other third party
`companies. The test to be applied in determining whether a mark is primarily merely a surname, ?is not the rarity of the name, nor whether it is
`the applicant's name, nor whether it appears in one or more telephone directories, nor whether it is coupled with a baptismal name or initials. The
`test should be: What is its primary significance to the purchasing public?? Ex Parte Rivera Watch Corp., 106 U.S.P.Q. (BNA) ? 145 (Com'r Pat.
`& Trademarks July 8, 1955). In Rivera the court reasoned, ?Applying the test to the mark sought here to be registered, it is not believed that the
`average member of the purchasing public would, upon seeing ?Rivera? used as a trademark on watches, be likely to think of its being a surname-
`even though it does not appear to have any meaning as a word in the language. The decision of the Examiner of Trademarks is reversed.? Id.
`Similarly, the public associates the term SUTRO with the famous San Francisco historical Sutro District, as this district, as stated above, remains
`a popular entertainment district and tourist attraction within the city to the present day. (See Evidence Attached relating to Sutro District, Sutro
`Baths, Sutro Heights, Sutro Tower and Mount Sutro Forest.) A term with surname significance may not be primarily merely a surname if that
`term also identifies a historical place or person. In re Pyro-Spectaculars, Inc., 63 USPQ2d 2022, 2024 (TTAB 2002). The Sutro Historic District
`is a National Park Service historic district in the Lands End area of the Outer Richmond District in western San Francisco, California. It is within
`the Golden Gate National Recreation Area, since being acquired by the National Park Service in 1977. In 1881 Adolph Sutro purchased the
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`undeveloped land and over time, he established a private railroad company, the Sutro Gardens, Sutro Baths and extensively expanded the 1869
`Cliff House. Today, this historic district encompasses famous attractions such as Sutro Heights, the Sutro Bath ruins, Mount Sutro Forest, Sutro
`Tower, and the historic Cliff House. (See Evidence Attached relating to Sutro District, Sutro Baths, Sutro Heights, Sutro Tower and Mount Sutro
`Forest.) The Cliff House is one of the most famous restaurants in San Francisco and features on its website and venue feature information about
`the famous historic SUTRO district and related attractions. Thus, because the Sutro District is universally regarded as a historic district, the term
`SUTRO should not be regarded as primarily merely a surname. Furthermore, Adolph Sutro is a historical figure. As stated previously, a term
`with surname significance may not be primarily merely a surname if that term also identifies a historical person. Id. In addition to serving as the
`mayor of San Francisco from 1894 to 1896, Adolph Sutro was an entrepreneur and real estate developer who helped shape the landscape of late
`19th century San Francisco. Interested in providing inexpensive recreation for the general public, he changed San Francisco's sparse and
`undeveloped Point Lobos area into a flourishing recreational complex that during its heyday boasted the Cliff House, Sutro Baths and Sutro
`Heights. (See Attached Evidence relating to Adolph Sutro). Adolph Sutro is still talked about today as is evidenced by the 171 News recent
`articles in Nexi Lexis that come up in the search results when searching for ?Adolph and Sutro and Mayor.? (See LexisNexis screenshot
`attached). These articles are particularly timely with the upcoming elections and make many references and comparisons to Adolph Sutro and the
`People Party who initially supported his candidacy. In addition, the public not only associates the term SUTRO with the Sutro District, but also
`with various types of well known and established products and services, many of which are located in the San Francisco Bay Area. For example,
`Sutro Biopharma is a well known biopharmaceutical company and is located in San Francisco, home of the famous Sutro District
`(http://www.sutrobio.com/contact-us/). (See Evidence Attached). Other examples of companies with the name Sutro located in the Bay Area
`include: Sutro Stewards (http://sutrostewards.org/page/mission); Sutro Elementary (http://www.sutroelementary.com/); Sutro BackPacks
`(handcrafted in San Francisco found here http://www.rickshawbags.com/sutro-backpack-cordura.html#272=89); Sutro Eyewear
`(http://www.sutrovision.com/contact/); Sutro Software (https://sutrosoftware.com/contact); Sutro Energy Group
`(http://www.sutroenergygroup.com/projects.html); Sutro Property Management (http://www.sutroprop.com/); Sutro Labs
`(http://www.sutrolab.com/www.sutrolab.com/lab-profile); Sutro Footwear (http://www.sutrofootwear.com/pages/about-us). (See Evidence
`Attached). It is important to also note that the term SUTRO has active US trademark registrations. Shoebiz, Inc. has registered the term SUTRO
`in class 25 for men?s, women?s and children?s footwear, namely, shoes, boots and sandals (registration no. 4340751). Jim Parkinsson has
`register