Clearwater Paper Corporation
Paper towels
United States Patent and Trademark Office (USPTO)
Office Action Response
Outgoing Trademark Office Action
Trademark Office Action Response
In response to the Office Action issued November 18, 2009 for Serial No. 77/804325, Applicant
Clearwater Paper Corporation (Applicant) responds as follows:
1. Description of Mark Required
The Examining Attorney has requested that Applicant provide a more detailed description of the applied-
for mark. Elsewhere in this application, Applicant has amended the description as follows: The mark
consists of a repeating dotted pattern of curved diamonds.
2. Information Requirement
The Examining Attorney has required Applicant to indicate whether the indentations in the paper towels
forming the pattern design function to make the towel more absorbent or perform any other function.
In response to the Examining Attorneys inquiry, Applicant has provided an Executed Declaration by the
Technical Director, Lara Smith. In this declaration, Ms. Smith states that the indentations forming the
design may incidentally affect the absorbency and strength of the towel, but entirely different patterns
would have the same effect with indentations of comparable density in comparable base sheets or raw
materials. The plethora of different bathroom tissue and paper towel patterns in the marketplace
demonstrates that no one particular pattern of indentations has a greater incidental effect than others on
absorbency and strength. These particular indentations were adopted by Applicant in order to distinguish
its paper towels from those of others in the marketplace.
As shown here below, the proposed mark is also used on the paper towel packaging. It goes without
saying that the pattern used on the packaging has no function other than to indicate the source of the
product.
Claimed Drawing Packaging
* * *
Applicant has fully addressed the Examiners requirements, thus Applicant respectfully requests that the
application be approved for publication.
US_NW_701985263v3
2. Serial No. 77/804367 Circular Braid Emboss
In response to the Office Action issued November 18, 2009, Applicant Clearwater Paper Corporation
(Applicant) responds as follows:
1. Description of Mark Required
The Examining Attorney has requested that Applicant provide a more detailed description of the applied-
for mark. Elsewhere in this application, Applicant has amended the description as follows: The mark
consists of overlapping ovals containing curved lines that form oval like shapes.
2. Information Requirement
The Examining Attorney has required Applicant to indicate whether the indentations in the paper towels
forming the pattern design function to make the towel more absorbent or perform any other function.
In response to the Examining Attorneys inquiry, Applicant has provided an Executed Declaration by the
Technical Director, Lara Smith. In this declaration, Ms. Smith states that the indentations forming the
design may incidentally affect the absorbency and strength of the towel, but entirely different patterns
would have the same effect with indentations of comparable density in comparable base sheets or raw
materials. The plethora of different bathroom tissue and paper towel patterns in the marketplace
demonstrates that no one particular pattern of indentations has a greater incidental effect than others on
absorbency and strength. These particular indentations were adopted by Applicant in order to distinguish
its paper towels from those of others in the marketplace.
As shown here below, Applicant has previously used a pattern design simultaneously on its product
and the outer packaging. The proposed mark will be used on future paper towel packaging in a
similar fashion to Applicants current packaging. It goes without saying that the pattern used on the
packaging has no function other than to indicate the source of the product.
[See PDF copy attached as evidence]
Claimed Drawing for Future Packaging Current Packaging
* * *
Applicant has fully addressed the Examiners requirements, thus Applicant respectfully requests that the
application be approved for publication.
2
US_NW_701985263v3
3. Serial No. 77/804358 – Extreme Wavy Diamond Emboss
In response to the Office Action issued November 18, 2009, Applicant Clearwater Paper Corporation
(Applicant) responds as follows:
1. Description of Mark Required
The Examining Attorney has requested that Applicant provide a more detailed description of the applied-
for mark. Elsewhere in this application, Applicant has amended the description as follows: The mark
consists of a repeating dotted pattern of wavy diamonds.
2. Information Requirement
The Examining Attorney has required Applicant to indicate whether the indentations in the paper towels
forming the pattern design function to make the towel more absorbent or perform any other function.
In response to the Examining Attorneys inquiry, Applicant has provided an Executed Declaration by the
Technical Director, Lara Smith. In this declaration, Ms. Smith states that the indentations forming the
design may incidentally affect the absorbency and strength of the towel, but entirely different patterns
would have the same effect with indentations of comparable density in comparable base sheets or raw
materials. The plethora of different bathroom tissue and paper towel patterns in the marketplace
demonstrates that no one particular pattern of indentations has a greater incidental effect than others on
absorbency and strength. These particular indentations were adopted by Applicant in order to distinguish
its paper towels from those of others in the marketplace.
As shown here below, Applicant has previously used a pattern design simultaneously on its product
and the outer packaging. The proposed mark will be used on future paper towel packaging in a
similar fashion to Applicants current packaging. It goes without saying that the pattern used on the
packaging has no function other than to indicate the source of the product.
[See PDF copy attached as evidence]
Claimed Drawing for Future Packaging Current Packaging
* * *
Applicant has fully addressed the Examiners requirements, thus Applicant respectfully requests that the
application be approved for publication.
3
US_NW_701985263v3
In response to the Office Action issued November 18, 2009 for Serial No. 77/804325, Applicant
Clearwater Paper Corporation (Applicant) responds as follows:
1. Description of Mark Required
The Examining Attorney has requested that Applicant provide a more detailed description of the applied-
for mark. Elsewhere in this application, Applicant has amended the description as follows: The mark
consists of a repeating dotted pattern of curved diamonds.
2. Information Requirement
The Examining Attorney has required Applicant to indicate whether the indentations in the paper towels
forming the pattern design function to make the towel more absorbent or perform any other function.
In response to the Examining Attorneys inquiry, Applicant has provided an Executed Declaration by the
Technical Director, Lara Smith. In this declaration, Ms. Smith states that the indentations forming the
design may incidentally affect the absorbency and strength of the towel, but entirely different patterns
would have the same effect with indentations of comparable density in comparable base sheets or raw
materials. The plethora of different bathroom tissue and paper towel patterns in the marketplace
demonstrates that no one particular pattern of indentations has a greater incidental effect than others on
absorbency and strength. These particular indentations were adopted by Applicant in order to distinguish
its paper towels from those of others in the marketplace.
As shown here below, the proposed mark is also used on the paper towel packaging. It goes without
saying that the pattern used on the packaging has no function other than to indicate the source of the
product.
Claimed Drawing Packaging
* * *
Applicant has fully addressed the Examiners requirements, thus Applicant respectfully requests that the
application be approved for publication.
US_NW_701985263v3
2. Serial No. 77/804367 Circular Braid Emboss
In response to the Office Action issued November 18, 2009, Applicant Clearwater Paper Corporation
(Applicant) responds as follows:
1. Description of Mark Required
The Examining Attorney has requested that Applicant provide a more detailed description of the applied-
for mark. Elsewhere in this application, Applicant has amended the description as follows: The mark
consists of overlapping ovals containing curved lines that form oval like shapes.
2. Information Requirement
The Examining Attorney has required Applicant to indicate whether the indentations in the paper towels
forming the pattern design function to make the towel more absorbent or perform any other function.
In response to the Examining Attorneys inquiry, Applicant has provided an Executed Declaration by the
Technical Director, Lara Smith. In this declaration, Ms. Smith states that the indentations forming the
design may incidentally affect the absorbency and strength of the towel, but entirely different patterns
would have the same effect with indentations of comparable density in comparable base sheets or raw
materials. The plethora of different bathroom tissue and paper towel patterns in the marketplace
demonstrates that no one particular pattern of indentations has a greater incidental effect than others on
absorbency and strength. These particular indentations were adopted by Applicant in order to distinguish
its paper towels from those of others in the marketplace.
As shown here below, Applicant has previously used a pattern design simultaneously on its product
and the outer packaging. The proposed mark will be used on future paper towel packaging in a
similar fashion to Applicants current packaging. It goes without saying that the pattern used on the
packaging has no function other than to indicate the source of the product.
[See PDF copy attached as evidence]
Claimed Drawing for Future Packaging Current Packaging
* * *
Applicant has fully addressed the Examiners requirements, thus Applicant respectfully requests that the
application be approved for publication.
2
US_NW_701985263v3
3. Serial No. 77/804358 – Extreme Wavy Diamond Emboss
In response to the Office Action issued November 18, 2009, Applicant Clearwater Paper Corporation
(Applicant) responds as follows:
1. Description of Mark Required
The Examining Attorney has requested that Applicant provide a more detailed description of the applied-
for mark. Elsewhere in this application, Applicant has amended the description as follows: The mark
consists of a repeating dotted pattern of wavy diamonds.
2. Information Requirement
The Examining Attorney has required Applicant to indicate whether the indentations in the paper towels
forming the pattern design function to make the towel more absorbent or perform any other function.
In response to the Examining Attorneys inquiry, Applicant has provided an Executed Declaration by the
Technical Director, Lara Smith. In this declaration, Ms. Smith states that the indentations forming the
design may incidentally affect the absorbency and strength of the towel, but entirely different patterns
would have the same effect with indentations of comparable density in comparable base sheets or raw
materials. The plethora of different bathroom tissue and paper towel patterns in the marketplace
demonstrates that no one particular pattern of indentations has a greater incidental effect than others on
absorbency and strength. These particular indentations were adopted by Applicant in order to distinguish
its paper towels from those of others in the marketplace.
As shown here below, Applicant has previously used a pattern design simultaneously on its product
and the outer packaging. The proposed mark will be used on future paper towel packaging in a
similar fashion to Applicants current packaging. It goes without saying that the pattern used on the
packaging has no function other than to indicate the source of the product.
[See PDF copy attached as evidence]
Claimed Drawing for Future Packaging Current Packaging
* * *
Applicant has fully addressed the Examiners requirements, thus Applicant respectfully requests that the
application be approved for publication.
3
US_NW_701985263v3