Drexel University
Filing Date
To:
Drexel University
Subject: Trademark Office Action Number
77626749
Owners Name:
Drexel University
Owners Address:
3141 Chestnut Street
Philadelphia,
PENNSYLVANIA
UNITED STATES
19104
Trademark ID:
77626749
FIling Date:
2008-12-04
Mark:
POWER OF FOOD SCALE
Mark Literal:
POWER OF FOOD SCALE
Int Class:
Response Result:
Outgoing Signer
allison holtz
Response Signer:
Roberta Jacobs-Meadway
Services For:
printed paper survey answer sheets featuring a scale from one to five used to measure the physiological influence of the food environment
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
In re : Trademark Application of : Law Office 111
: Drexel University :
: :
: : Trademark Attorney
Serial No. : 77/626,749 : Allison A. Holtz
: :
Filed : December 4, 2008 :
: :
For : POWER OF FOOD SCALE : Attorney Docket No: 298350.00039
RESPONSE TO OFFICE ACTION
This is in response to the Office Action dated March 4, 2009.
AMENDMENT
Please amend the application, without prejudice, as follows:
Please delete the identification of goods in Class 16 and substitute the following:
–printed paper survey answer sheets featuring a scale from one to five used to
measure the physiological influence of the food environment–
Please enter the following disclaimer:
No claim is made to the exclusive right to use FOOD SCALE apart from the
mark as shown.
REMARKS
Pursuant to the Examining Attorneys requirements, Applicant has amended the
identification of goods and disclaimed the FOOD SCALE component of the mark in the
application.
The Examining Attorney has also entered a refusal of the specimen submitted, stating that
the mark on the specimen disagrees with the mark on the drawing. Applicant respectfully
disagrees.
In the specimen submitted, the POWER OF FOOD SCALE word mark is followed by
the acronym PFS in parentheses. Applicant states that the (PFS) element following the
mark, as it is presented in parentheses, is merely background and is not a component of the mark.
Further, this element following the mark does not in any way alter the commercial impression of
{M0754651.1}
the mark. Thus, Applicant respectfully requests that the Examining Attorney withdraw this
refusal.
Noting that no further objections have been raised, Applicant respectfully requests that
the mark proceed to publication.
Respectfully submitted,
Date: ____________, 2009 ________________________________________
Roberta Jacobs-Meadway, Esq.
Eckert Seamans Cherin & Mellott, LLC
Two Liberty Place
th nd
50 South 16 Street, 22 Floor
Philadelphia, PA 19102
Telephone No. (215) 851-8522
Facsimile No. (215) 851-8383
ATTORNEY FOR APPLICANT
{M0738913.1} 2
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
In re : Trademark Application of : Law Office 111
: Drexel University :
: :
: : Trademark Attorney
Serial No. : 77/626,749 : Allison A. Holtz
: :
Filed : December 4, 2008 :
: :
For : POWER OF FOOD SCALE : Attorney Docket No: 298350.00039
RESPONSE TO OFFICE ACTION
This is in response to the Office Action dated March 4, 2009.
AMENDMENT
Please amend the application, without prejudice, as follows:
Please delete the identification of goods in Class 16 and substitute the following:
–printed paper survey answer sheets featuring a scale from one to five used to
measure the physiological influence of the food environment–
Please enter the following disclaimer:
No claim is made to the exclusive right to use FOOD SCALE apart from the
mark as shown.
REMARKS
Pursuant to the Examining Attorneys requirements, Applicant has amended the
identification of goods and disclaimed the FOOD SCALE component of the mark in the
application.
The Examining Attorney has also entered a refusal of the specimen submitted, stating that
the mark on the specimen disagrees with the mark on the drawing. Applicant respectfully
disagrees.
In the specimen submitted, the POWER OF FOOD SCALE word mark is followed by
the acronym PFS in parentheses. Applicant states that the (PFS) element following the
mark, as it is presented in parentheses, is merely background and is not a component of the mark.
Further, this element following the mark does not in any way alter the commercial impression of
{M0754651.1}
the mark. Thus, Applicant respectfully requests that the Examining Attorney withdraw this
refusal.
Noting that no further objections have been raised, Applicant respectfully requests that
the mark proceed to publication.
Respectfully submitted,
Date: ____________, 2009 ________________________________________
Roberta Jacobs-Meadway, Esq.
Eckert Seamans Cherin & Mellott, LLC
Two Liberty Place
th nd
50 South 16 Street, 22 Floor
Philadelphia, PA 19102
Telephone No. (215) 851-8522
Facsimile No. (215) 851-8383
ATTORNEY FOR APPLICANT
{M0738913.1} 2