PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

The table below presents the data as entered.

Input Field

Entered

SERIAL NUMBER

85865787

LAW OFFICE
ASSIGNED

LAW OFFICE 102

MARK SECTION
MARK FILE NAME

http://tess2.uspto.gov/ImageAgent/ImageAgentProxy?getImage=85865787

LITERAL ELEMENT

SPACE SHUTTLE ATLANTIS

STANDARD
CHARACTERS

NO

USPTO-GENERATED
IMAGE

NO

ARGUMENT(S)
False Connection
In the Office Action dated June 24, 2013, the Examining Attorney raised the issue of a False
Connection with NASA. Since 1995, applicant has served as the contractor selected by NASA to
operate the Kennedy Space Center. The Space Shuttle Atlantis museum opened at the Kennedy Space
Center on June 29, 2013. Pursuant to applicants contract with NASA, applicant is the owner of the
Space Shuttle Atlantis mark for museum services and is authorized to file trademark applications
therefor in applicants name. Attached are specimens evidencing the connection between NASA and
applicants SPACE SHUTTLE ATLANTIS museum services. The first specimen is a page from the
KennedySpaceCenter.com website. The webpage displays the SPACE SHUTTLE ATLANTIS mark
as the name of the new museum. As indicated at the bottom of the webpage, the
KennedySpaceCenter.com website is operated by DNC Parks & Resorts at KSC, Inc., i.e., applicant.
The bottom right hand corner of the webpage displays the NASA Logo, as authorized by NASA (we
apologize that part of the logo is cut off from this copy). The second specimen is an announcement by
Delaware North (parent of applicant corporation) regarding the grand opening of the SPACE
SHUTTLE ATLANTIS museum at the Kennedy Space Center on June 29, 2013. As indicated in the
announcement, the grand opening was attended by top NASA executives and more than 40 NASA
astronauts, as well as officers of Delaware North.
Thus, NASA is connected with the goods sold or services performed by applicant under the mark.
Accordingly, at least one of the four criteria for a showing of false connection under Trademark Act
Section 2(a) is not met, and applicant respectfully requests withdrawal of the false connection objection.
Disclaimer
In the Office Action dated June 24, 2013, the Examining Attorney requested a disclaimer of SPACE
SHUTTLE and ATLANTIS. Applicant respectfully disagrees with the descriptiveness objection as to

these terms. There are numerous registrations on the Principal Register for museum services for
analogous marks, subject only to a disclaimer of MUSEUM. Attached are copies of the following
examples:
Reg. 4195818 DRIVING AMERICA HENRY FORD MUSEUM & Design for exhibitions in the field
of the history of the automobile (disclaimer of MUSEUM)
Reg. 1254795 INTREPID SEA.AIR.SPACE MUSEUM & Design for museum services (disclaimers of
SEA, AIR, SPACE, and MUSEUM) This museum is located on, and pertains to, the famous USS
Intrepid ship, now docked in New York City.
Reg. 3285814 LOUISVILLE SLUGGER MUSEUM & FACTORY & Design for museum services
(disclaimer of MUSEUM) This museum pertains to the Louisville Slugger baseball bat.
Reg. 3541745 HARLEY-DAVIDSON MUSEUM for museum services (disclaimer of MUSEUM)
This museum pertains to the Harley-Davidson motorcycle.
Reg. 4366312 FABERGE MUSEUM for museum services and other goods/services (disclaimer of
MUSEUM) This museum pertains to the famous Faberge art.
Reg. 3709916 BB KING MUSEUM for museum services (disclaimer of MUSEUM) This museum
pertains to the famous musician, BB King.
Just as the above-referenced museum marks were not deemed merely descriptive, applicant believes
that its SPACE SHUTTLE ATLANTIS words in the applied-for mark should not be deemed merely
descriptive for museum services. Accordingly, applicant requests that the disclaimer requirement be
withdrawn.
EVIDENCE SECTION
EVIDENCE FILE NAME(S)
ORIGINAL PDF
FILE

evi_151181112204-103025407_._SpaceShuttleAtlantisLogoSpecimen.pdf

CONVERTED PDF
FILE(S)
(1 page)

\\TICRS\EXPORT16\IMAGEOUT16\858\657\85865787\xml5\ROA0002.JPG

ORIGINAL PDF
FILE

evi_151181112204-103025407_._SpaceShuttleAtlantisTPRegis.pdf

CONVERTED PDF
FILE(S)
(13 pages)

\\TICRS\EXPORT16\IMAGEOUT16\858\657\85865787\xml5\ROA0003.JPG
\\TICRS\EXPORT16\IMAGEOUT16\858\657\85865787\xml5\ROA0004.JPG
\\TICRS\EXPORT16\IMAGEOUT16\858\657\85865787\xml5\ROA0005.JPG
\\TICRS\EXPORT16\IMAGEOUT16\858\657\85865787\xml5\ROA0006.JPG
\\TICRS\EXPORT16\IMAGEOUT16\858\657\85865787\xml5\ROA0007.JPG
\\TICRS\EXPORT16\IMAGEOUT16\858\657\85865787\xml5\ROA0008.JPG
\\TICRS\EXPORT16\IMAGEOUT16\858\657\85865787\xml5\ROA0009.JPG
\\TICRS\EXPORT16\IMAGEOUT16\858\657\85865787\xml5\ROA0010.JPG
\\TICRS\EXPORT16\IMAGEOUT16\858\657\85865787\xml5\ROA0011.JPG
\\TICRS\EXPORT16\IMAGEOUT16\858\657\85865787\xml5\ROA0012.JPG

\\TICRS\EXPORT16\IMAGEOUT16\858\657\85865787\xml5\ROA0013.JPG
\\TICRS\EXPORT16\IMAGEOUT16\858\657\85865787\xml5\ROA0014.JPG
\\TICRS\EXPORT16\IMAGEOUT16\858\657\85865787\xml5\ROA0015.JPG
ORIGINAL PDF
FILE

evi_151181112204-103025407_._IntrepidRegis.pdf

CONVERTED PDF
FILE(S)
(2 pages)

\\TICRS\EXPORT16\IMAGEOUT16\858\657\85865787\xml5\ROA0016.JPG
\\TICRS\EXPORT16\IMAGEOUT16\858\657\85865787\xml5\ROA0017.JPG

DESCRIPTION OF
EVIDENCE FILE

applicant's webpage, an announcement of the museum opening, and third party

registrations

SIGNATURE SECTION
RESPONSE SIGNATURE

/anne f. downey, esq./

SIGNATORY'S NAME

Anne F. Downey, Esq.

SIGNATORY'S
POSITION

applicant's attorney, licensed in NY

SIGNATORY'S PHONE
NUMBER

716-848-1683

DATE SIGNED

09/20/2013

AUTHORIZED
SIGNATORY

YES

FILING INFORMATION SECTION

SUBMIT DATE

Fri Sep 20 11:06:53 EDT 2013

TEAS STAMP

USPTO/ROA-XXX.XXX.XXX.XXX
-20130920110653541170-858
65787-5001ba429925df1f439
876ea69399c2dd9093edf71af
69016483b2fc5e5a058f-N/AN/A-20130920103025407054

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:
Application serial no. 85865787 SPACE SHUTTLE ATLANTIS (Stylized and/or with Design, see

http://tess2.uspto.gov/ImageAgent/ImageAgentProxy?getImage=85865787) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
False Connection
In the Office Action dated June 24, 2013, the Examining Attorney raised the issue of a False Connection
with NASA. Since 1995, applicant has served as the contractor selected by NASA to operate the Kennedy
Space Center. The Space Shuttle Atlantis museum opened at the Kennedy Space Center on June 29,
2013. Pursuant to applicants contract with NASA, applicant is the owner of the Space Shuttle Atlantis
mark for museum services and is authorized to file trademark applications therefor in applicants name.
Attached are specimens evidencing the connection between NASA and applicants SPACE SHUTTLE
ATLANTIS museum services. The first specimen is a page from the KennedySpaceCenter.com website.
The webpage displays the SPACE SHUTTLE ATLANTIS mark as the name of the new museum. As
indicated at the bottom of the webpage, the KennedySpaceCenter.com website is operated by DNC Parks
& Resorts at KSC, Inc., i.e., applicant. The bottom right hand corner of the webpage displays the NASA
Logo, as authorized by NASA (we apologize that part of the logo is cut off from this copy). The second
specimen is an announcement by Delaware North (parent of applicant corporation) regarding the grand
opening of the SPACE SHUTTLE ATLANTIS museum at the Kennedy Space Center on June 29, 2013.
As indicated in the announcement, the grand opening was attended by top NASA executives and more
than 40 NASA astronauts, as well as officers of Delaware North.
Thus, NASA is connected with the goods sold or services performed by applicant under the mark.
Accordingly, at least one of the four criteria for a showing of false connection under Trademark Act
Section 2(a) is not met, and applicant respectfully requests withdrawal of the false connection objection.
Disclaimer
In the Office Action dated June 24, 2013, the Examining Attorney requested a disclaimer of SPACE
SHUTTLE and ATLANTIS. Applicant respectfully disagrees with the descriptiveness objection as to
these terms. There are numerous registrations on the Principal Register for museum services for analogous
marks, subject only to a disclaimer of MUSEUM. Attached are copies of the following examples:
Reg. 4195818 DRIVING AMERICA HENRY FORD MUSEUM & Design for exhibitions in the field of
the history of the automobile (disclaimer of MUSEUM)
Reg. 1254795 INTREPID SEA.AIR.SPACE MUSEUM & Design for museum services (disclaimers of
SEA, AIR, SPACE, and MUSEUM) This museum is located on, and pertains to, the famous USS
Intrepid ship, now docked in New York City.
Reg. 3285814 LOUISVILLE SLUGGER MUSEUM & FACTORY & Design for museum services
(disclaimer of MUSEUM) This museum pertains to the Louisville Slugger baseball bat.
Reg. 3541745 HARLEY-DAVIDSON MUSEUM for museum services (disclaimer of MUSEUM) This
museum pertains to the Harley-Davidson motorcycle.
Reg. 4366312 FABERGE MUSEUM for museum services and other goods/services (disclaimer of
MUSEUM) This museum pertains to the famous Faberge art.
Reg. 3709916 BB KING MUSEUM for museum services (disclaimer of MUSEUM) This museum
pertains to the famous musician, BB King.
Just as the above-referenced museum marks were not deemed merely descriptive, applicant believes that
its SPACE SHUTTLE ATLANTIS words in the applied-for mark should not be deemed merely
descriptive for museum services. Accordingly, applicant requests that the disclaimer requirement be
withdrawn.

EVIDENCE

Evidence in the nature of applicant's webpage, an announcement of the museum opening, and third party
registrations has been attached.
Original PDF file:
evi_151181112204-103025407_._SpaceShuttleAtlantisLogoSpecimen.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_151181112204-103025407_._SpaceShuttleAtlantisTPRegis.pdf
Converted PDF file(s) ( 13 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Original PDF file:
evi_151181112204-103025407_._IntrepidRegis.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
SIGNATURE(S)
Response Signature
Signature: /anne f. downey, esq./ Date: 09/20/2013
Signatory's Name: Anne F. Downey, Esq.
Signatory's Position: applicant's attorney, licensed in NY
Signatory's Phone Number: 716-848-1683
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the
highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal
territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to
the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian
attorney/agent not currently associated with his/her company/firm previously represented the applicant in
this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power
of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to
withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the
applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing
him/her as an associate attorney in this matter.
Serial Number: 85865787

Internet Transmission Date: Fri Sep 20 11:06:53 EDT 2013

TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20130920110653
541170-85865787-5001ba429925df1f439876ea
69399c2dd9093edf71af69016483b2fc5e5a058f
-N/A-N/A-20130920103025407054