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`552'.l'U'/4351;)
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`‘
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`'
`
`BEFORE THE TRADEMARK TRIAL AND APPEAI. BOARD
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant
`
`Serial No.
`
`Filed
`
`Mark
`
`Examining
`Attorney
`
`Law Office
`
`:
`
`:
`
`:
`
`:
`
`:
`
`:
`
`Matsushita Electric Corporation of America
`
`76/484,440
`
`January 21, 2003
`
`HOME & OUTDOOR LIGHTING
`& Design
`
`Theodore McBride
`
`103
`
`NOTICE OF APPEAL
`
`
`
`
`
`
`
`
`
`
`I hereby certify that this paper or fee is being
`
`deposited with the United States Postal Sen/ice
`"Express Mail" service under 37 CFR 1.10 on the
`
`date indicated above and is addressed to the
`
`Commissioner for Trademarks. 2900 Crystal Drive,
`A
`ington, VA 22202-3514.
`
`rim
`EEWEIEEEZEHEZEEEII
`
`
`
`
`
`
`
`
`Box RESPONSE - FEE
`
`Commissioner for Trademarks
`
`2900 Crystal Drive
`Arlington, Virginia 22202-3514
`
`Madam:
`
`Pursuant to 37 C.F.R. 2.142, Applicant hereby appeals tothe Trademark
`
`Trial and Appeal Board from the Final Office Action of January 26, 2004 refusing
`
`registration of Applicant’s trademark HOME & OUTDOOR LIGHTING 8: Design covering
`
`flashlights in International Class 11. Enclosed is a check in the amount of $100.00 as
`
`I|l||||llllllllll|||||Illlllllllllllllllllllllllll
`
`07-23-2004
`u.s. mam a. TMOf\=ITM Mall nepwt 4'66
`
`274249.]
`
`07/21/2004 mm:
`...9.1.F.t.:6403
`
`00000067 76484440
`.
`100.00 00
`
`
`
`
`
`payment for the Appeal Fee.
`
`Please charge any additional amount to the Deposit
`
`Account’UNo. 01-1785 of Amster, Rothstein & Ebenstein LLP.
`
`Respectfully submitted,
`
`AMSTER, ROTHSTEIN and EBENSTEIN LLP
`Attorneys for Applicant
`90 Park Avenue
`
`New York, New York 10016
`(212) 336-8000 (telephone)
`(212) 336-8001 (fax)
`
`Dated: New York, NewYork
`
`July 22, 2004
`
`By:
`
`'1’
`
`Q71
`
`er
`Morton
`Holly Pekowsky
`
`274249.:
`
`_2_
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`55210/450
`
`Matsushita Electric Corporation of America
`
`
`
`
`
`ress Mail" mailin label No.: EV 996382144 US
`“
`June 15. 2004
`l hereby cenify that this paper or fee is being
`deposited with the United States Postal Service
`
`
`‘Express Mail‘ service under 37 CFR 1.10 on the
`date indicated above and is addressed to the
`
`Commissioner for Trademarks, 2900 Crystal Drive,
` Arli
`' on. VA 22202-3514.
`
`Name:
`Jane Williams
`T
`I‘
`Sivawre=
`
`
`
`
`
`
`Applicant
`
`Serial No.
`
`Filed
`
`Mark
`
`Examining
`Attorney
`
`Law Office
`
`:
`
`:
`
`:
`
`:
`
`:
`
`:
`
`76/484,440
`
`January 21, 2003
`
`HOME & OUTDOOR LIGHTING
`
`& Design
`.
`Theodore McBride
`
`103
`
`REQUEST FOR RECONSIDERATION
`
`Box Response - NO FEE
`Commissioner for Trademarks
`
`2900 Crystal Drive
`Arlington, VA 22202-3514
`
`Madam:
`
`Applicant submits this Request for Reconsideration of the Final Office
`
`Action of January 26, 2004 pursuant to § 2.64(b) of the Rules of Practice in Trademark
`
`Cases. Applicant respectfully requests that the Examining Attorney promptly reconsider
`
`the refusal in light of Applicant’s amendment to the Supplemental Register. See T.M.E.P.
`
`§ 715.03.
`
`27°"°8"
`
`Illlllllllllllllllllllllllllllllliilllllllllllllll
`
`06-16-2004
`U.S. Plwltfi TMOfcITM Mlil Rent D1. 572
`
`
`
`Supplemental Registration
`
`AMENDMENT
`
`Without prejudice or disclaimer, please amend the above-identified
`
`Application as follows:
`
`Page 1, second line after the description of goods, change
`“Principal” to --Supplemental--.
`
`Page 1, second and third lines after the description of goods,
`delete “(15 U.S.C. 1051(b), as amended)”.
`
`Although Applicant originally applied to register its mark based on Intent-
`
`To-Use, it has subsequently filed an Amendment To Allege Use, which was accepted on
`
`March 17, 2004.
`
`Agglicanvs Mark Is Entitled To Registration
`
`ARGUMENT
`
`The Examining Attorney has made final the refusal to register Applicants
`
`mark HOME & OUTDOOR LIGHTING & Design (“Applicant's Mark”) on the basis that the
`
`mark is descriptive.
`
`Applicant respectfully submits that this refusal should be withdrawn since
`
`Applicant now seeks registration on the Supplemental Register. See In re School Book
`
`Fairs,
`
`Inc., 229 U.S.P.Q. 556 (T.T.A.B. 1986) (SCHOOL BOOK FAIRS,
`
`INC. allowed
`
`registration on the Supplemental Register where the two “O”s in “SCI-IOOL” slightly
`
`intersected, as did the two “O”s in “BOOK”).
`
`276408.!
`
`2_
`
`
`
`
`
`CONCLUSION
`
`Applicant has amended its Application to seek registration on the
`
`Supplemental Register and established that
`
`its mark is entitled to protection.
`
`Accordingly, Applicant respectfully requests that the Examining Attorney withdraw the
`
`refusal to register Applicant’s Mark to ensure that a registration issue in due course.
`
`Respectfully submitted,
`
`AMSTER, ROTHSTEIN and EBENSTEIN LLP
`Attorneys for Applicant
`90 Park Avenue
`
`New York, New York 10016
`(212) 336-8000
`
`Dated: New York, New York
`
`By:
`
`June 15, 2004
`
`(212) 336-8001 fax
`I‘
`4
`
`"
`
`Q
`
`Morton
`
`er
`
`Holly Pekowsky
`
`276408.]
`
`3_
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