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 07/31/2017)
`
`Response to Office Action
`
`Input Field
`
`SERIAL NUMBER
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION
`
`MARK FILE NAME
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`COLOR(S) CLAIMED
`(If applicable)
`
`DESCRIPTION OF THE MARK
`(and Color Location, if applicable)
`
`ARGUMENT(S)
`
`The table below presents the data as entered.
`
`Entered
`
`87038134
`
`LAW OFFICE 103
`
`http://tmng-al.uspto.gov/resting2/api/img/87038134/large
`
`CLEARLY CANADIAN
`
`NO
`
`NO
`
`Color is not claimed as a feature of the mark.
`
`The mark consists of a stylized rendering of the words CLEARLY CANADIAN.
`
`The following communication is responsive to the Office Action mailed September 8, 2016. Applicant respectfully requests reconsideration of
`the application in view of the following amendment and remarks. Please amend the subject application as follows:
`DISCLAIMER:
`Please insert the following disclaimer:
`No claim is made to the exclusive right to use “CANADIAN” apart from the mark as shown.
`REMARKS:
`I.(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`The Examining Attorney has determined that “Applicant must submit a disclaimer of the geographically descriptive wording
`CANADIAN because it presumably describes a feature of the goods, namely, that they are associated with Canada” (Office Action, page 1).
`Applicant respectfully disagrees, and submits that neither the mark as a whole, nor any portion of the mark, is geographically or otherwise
`descriptive with respect to Applicant’s goods. However, in the interest of furthering prosecution of the application, and without acquiescing to
`the Examining Attorney’s arguments, Applicant has amended the application to include the following disclaimer:
`No claim is made to the exclusive right to use “CANADIAN” apart from the mark as shown.
`Applicant respectfully requests that the disclaimer be entered, and that the refusal be withdrawn.
`II.(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`Conclusion
`All grounds of refusal having been addressed and all outstanding requirements having been satisfied, Applicant respectfully submits that the
`application is now in condition for registration, and requests that the mark be approved for publication at the earliest opportunity.
`
`ADDITIONAL STATEMENTS SECTION
`
`DISCLAIMER
`
`SIGNATURE SECTION
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`AUTHORIZED SIGNATORY
`
`No claim is made to the exclusive right to use CANADIAN apart from the mark as
`shown.
`
`/dap/
`
`David A. Payne
`
`Attorney of record, Wisconsin bar member
`
`608.819.4925
`
`10/10/2016
`
`YES
`
`
`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`TEAS STAMP
`
`Mon Oct 10 14:01:32 EDT 2016
`
`USPTO/ROA-XX.XXX.XX.XXX-2
`0161010140132472423-87038
`134-5703a8fe24c24110b57f4
`95049e73b221e985d42a15102
`2858cb4d17f3e71da4b-N/A-N
`/A-20161010135212882939
`
`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 07/31/2017)
`
`To the Commissioner for Trademarks:
`
`Response to Office Action
`
`Application serial no. 87038134(cid:160)CLEARLY CANADIAN (Stylized and/or with Design, see http://tmng-
`al.uspto.gov/resting2/api/img/87038134/large) has been amended as follows:
`
`ARGUMENT(S)
`In response to the substantive refusal(s), please note the following:
`
`The following communication is responsive to the Office Action mailed September 8, 2016. Applicant respectfully requests reconsideration of
`the application in view of the following amendment and remarks. Please amend the subject application as follows:
`DISCLAIMER:
`Please insert the following disclaimer:
`No claim is made to the exclusive right to use “CANADIAN” apart from the mark as shown.
`REMARKS:
`I.(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`The Examining Attorney has determined that “Applicant must submit a disclaimer of the geographically descriptive wording
`CANADIAN because it presumably describes a feature of the goods, namely, that they are associated with Canada” (Office Action, page 1).
`Applicant respectfully disagrees, and submits that neither the mark as a whole, nor any portion of the mark, is geographically or otherwise
`descriptive with respect to Applicant’s goods. However, in the interest of furthering prosecution of the application, and without acquiescing to
`the Examining Attorney’s arguments, Applicant has amended the application to include the following disclaimer:
`No claim is made to the exclusive right to use “CANADIAN” apart from the mark as shown.
`Applicant respectfully requests that the disclaimer be entered, and that the refusal be withdrawn.
`II.(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`Conclusion
`All grounds of refusal having been addressed and all outstanding requirements having been satisfied, Applicant respectfully submits that the
`application is now in condition for registration, and requests that the mark be approved for publication at the earliest opportunity.
`
`ADDITIONAL STATEMENTS
`Disclaimer
`No claim is made to the exclusive right to use CANADIAN apart from the mark as shown.
`
`SIGNATURE(S)
`Response Signature
`Signature: /dap/(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)Date: 10/10/2016
`Signatory's Name: David A. Payne
`Signatory's Position: Attorney of record, Wisconsin bar member
`
`Signatory's Phone Number: 608.819.4925
`
`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 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. attorney or a Canadian attorney/agent
`
`
`
`not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is
`concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior
`representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's
`appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.
`
`Serial Number: 87038134
`Internet Transmission Date: Mon Oct 10 14:01:32 EDT 2016
`TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2016101014013247
`2423-87038134-5703a8fe24c24110b57f495049
`e73b221e985d42a151022858cb4d17f3e71da4b-
`N/A-N/A-20161010135212882939
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`
