Via Electronic ?ling
Response to Office Action

Address to:
US Patent and Trademark Of?ce
Mailing Date of Of?ce

DeLong, Mark L.
1346 N. Church Dr.
Applicant
Bellbrook, OH 45305-8834
[email protected]
Title: “Nate’s Piano Plates”

Sir:
This submission is responsive to the Of?ce Action dated May 18, 2009 for which a six-
month period for response was given, making this response due on or before November 18.
2009. As such, this response is timely ?led.
Serial No: 77/679551

DISCLAIMER
The Examining Attorney has asserted that the descriptive wording “PIANO PLATES” is a
descriptive term of the Applicants’ goods under 15 U.S.C §1056(a) and is thus an unregistrable
part of the trademark. The Applicants note the Examining Attorneys’ ?nding that the search of
Of?ce records found m similar registered or pending marks that would bar registration under
the Trademark Act, 15 U.S.C. §1052(d).
In order to comply with 15 U.S.C § 1056(a), the Applicants submit the following
disclaimer:

No claim is made to the exclusive right to use “PIANO PLATES” apart from the mark as
shown.

The Applicants submit that this disclaimer satis?es the requirements of 15 U .S.C §
1056(a) and TMEP §1213.08(a)(i), and respectfully request that this objection be withdrawn.

CONSENT
The Examining Attorney has requested clari?cation whether the name in the applied for
mark “NATE’S PIANO PLATES” refers to a living individual, and if so, requires: 1) written
consent from that living individual to register the name in the trademark and 2) a statement that
the applied for mark of “NATE’S PIANO PLATES” identi?es a living individual whose consent is
of record.

The Applicants submit that the applied for mark of “NATE’S PIANO PLATES” identi?es a
living individual whose consent is of record.

The Applicants further clarify by stating that the reference to “NATE” in the mark is to the
living individual Nathaniel DeLong, the 10 year old son of Mark DeLong. Mark DeLong is the
legal guardian of Nathaniel DeLong and has signatory authority in the instant application. In
order to fully comply with TMEP §813 and §1026, both Nathaniel and Mark DeLong have
submitted signed consent.
Serial No: 77/679551

The Applicants have clari?ed the name in the applied for mark “NATE’S PIANO PLATES”
is that of a living individual, and have submitted proper written consent. As such, the Applicants
respectfully request that this objection be withdrawn.
Serial No: 77/679551

REMARKS
The Applicants submit that this response places the application in condition for
allowance. If a telephone conference would expedite the allowance of the application, the
Examining Attorney is respectfully requested to telephone the undersigned at the number
provided.

The Applicants have included herewith the application processing fee of ?fty dollars
($50.00). However, the Commissioner is hereby authorized to charge any underpayment of
fees associated with this communication, including any necessary fees for extensions of time, or
credit any overpayment.

Respectfully sub itted

/ (gay
Date: May 22I 2009 By: Mark L. DeLong

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By: Nathaniel L. DeLon

Mark L. DeLong
1346 N. Church Ct.
Bellbrook OH 45305-8834
Telephone: 937-848-7214