Artisan Manufacturing Corporation
Filing Date
To:
Artisan Manufacturing Corporation
Subject: Trademark Office Action Number
77807695
Owners Name:
Artisan Manufacturing Corporation
Owners Address:
237 Frelinghuysen Avenue
Newark,
NEW JERSEY
UNITED STATES
07114
Trademark ID:
77807695
FIling Date:
2009-08-19
Mark:
ARTISAN
Mark Literal:
ARTISAN
Int Class:
Response Result:
Response Signer:
Alex Han
Services For:
Sinks, sink strainers, sink grids, and faucets
United States Patent and Trademark Office (USPTO)
Office Action Response
Outgoing Trademark Office Action
Trademark Office Action Response
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
Applicant: Artisan Manufacturing Corporation
Serial No.: 77/807,695
Trademark: ARTISAN Examining Attorney: Andrea R. Hack
Law Of?ce: 108
RESPONSE TO OFFICE ACTION DATED NOVEMBER 23, 2009
This is in response to the Of?ce Action dated November 23, 2009.
REQUIREMENT ~SPECIMEN
In the November 23, 2009 Of?ce Action, the Examiner objected to Applicants use of its _
catalog pages as specimens of use because the catalog pages purportedly failed to provide
suf?cient ordering information. Speci?cally, the Examiner noted that a web catalog, web page, 1
or similar specimen, which is otherwise a form of advertising, is acceptable to show trademark ‘ _ p 7
use as a display associated with the goods if it includes (1) a picture of the relevant goods, (2) i: 7
mark appearing suf?cientlynear the picture of the goods so as to associate the mark with the”:
goods, and (3) information necessary to order the goods (e.g., sales form, price list, instructions
for ordering, etc.) or a visible weblink to order the goods. See November 23, 2009 Of?ce ”
Action citing In re Osterberg, 83 U.S.P.Q.2d 1220, 1222-24 (T.T.A.B. 2007);Inre Genitope, 78 ‘
U.S.P.Q.2d 1819, 1822 (T.T.A.B. 2006); In re Dell, 71 U.S.P.Q.2d 1725, 1727-29 (T.T.A.B.
2004); Lands End, 797 F. Supp. 511, 513-14 (E.D. Va. 1992); TMEP §904.03(h), (i).
Applicant notes, however, that the specimens submitted are pages from Applicants
printed catalog (not its website), and the pages show: (i) pictures of the relevant goods; (ii) the
Applicants ARTISAN mark in close proximity of the goods; and (iii) information necessary to i
order the goods, including the price list and Applicants telephone number and website address. V
Applicant further notes that it is the custom in the industry, and further Applicants own business
-2-
practice, to have consumers call Applicants phone number to place orders for the products
depicted in the catalog, including those products that are the subject of the instant Application.
REQUIREMENT SIGNATURE
The Examining Attorney further noted out that the Application was not signed and
veri?ed. Attached hereto is a declaration that is in compliance with 37 CFR §2.20.
CONCLUSION
Applicant has complied with all of the Examining Attorneys requests, and respectfully
requests that the refusal to register Applicants mark be withdrawn and that the Application be
passed to publication.
Dated: May 24, 2010 Respectfully submitted,
ARNOLD & PORTER LLP
By: /John Maltbie/
John Maltbie
399 Park Avenue I
New York, New York 10022
Tel.: (212) 715-1000
Fax: (212) 715-1399
[email protected] com
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
Applicant: Artisan Manufacturing Corporation
Serial No.: 77/807,695
Trademark: ARTISAN Examining Attorney: Andrea R. Hack
Law Of?ce: 108
RESPONSE TO OFFICE ACTION DATED NOVEMBER 23, 2009
This is in response to the Of?ce Action dated November 23, 2009.
REQUIREMENT ~SPECIMEN
In the November 23, 2009 Of?ce Action, the Examiner objected to Applicants use of its _
catalog pages as specimens of use because the catalog pages purportedly failed to provide
suf?cient ordering information. Speci?cally, the Examiner noted that a web catalog, web page, 1
or similar specimen, which is otherwise a form of advertising, is acceptable to show trademark ‘ _ p 7
use as a display associated with the goods if it includes (1) a picture of the relevant goods, (2) i: 7
mark appearing suf?cientlynear the picture of the goods so as to associate the mark with the”:
goods, and (3) information necessary to order the goods (e.g., sales form, price list, instructions
for ordering, etc.) or a visible weblink to order the goods. See November 23, 2009 Of?ce ”
Action citing In re Osterberg, 83 U.S.P.Q.2d 1220, 1222-24 (T.T.A.B. 2007);Inre Genitope, 78 ‘
U.S.P.Q.2d 1819, 1822 (T.T.A.B. 2006); In re Dell, 71 U.S.P.Q.2d 1725, 1727-29 (T.T.A.B.
2004); Lands End, 797 F. Supp. 511, 513-14 (E.D. Va. 1992); TMEP §904.03(h), (i).
Applicant notes, however, that the specimens submitted are pages from Applicants
printed catalog (not its website), and the pages show: (i) pictures of the relevant goods; (ii) the
Applicants ARTISAN mark in close proximity of the goods; and (iii) information necessary to i
order the goods, including the price list and Applicants telephone number and website address. V
Applicant further notes that it is the custom in the industry, and further Applicants own business
-2-
practice, to have consumers call Applicants phone number to place orders for the products
depicted in the catalog, including those products that are the subject of the instant Application.
REQUIREMENT SIGNATURE
The Examining Attorney further noted out that the Application was not signed and
veri?ed. Attached hereto is a declaration that is in compliance with 37 CFR §2.20.
CONCLUSION
Applicant has complied with all of the Examining Attorneys requests, and respectfully
requests that the refusal to register Applicants mark be withdrawn and that the Application be
passed to publication.
Dated: May 24, 2010 Respectfully submitted,
ARNOLD & PORTER LLP
By: /John Maltbie/
John Maltbie
399 Park Avenue I
New York, New York 10022
Tel.: (212) 715-1000
Fax: (212) 715-1399
[email protected] com