To,

The Registrar of Trademarks

Trademarks Registry,

Intellectual Property Right Building,

GST Road, Guindy,

Chennai-600032

Dear Sir,

Subject

Response to First Examination Report in respect of Application number: 2933864 in class 37

for Trade Mark and name and logo __Logo______ in name of ColorPlay ____Full company
name________.

As regards to the objection, the Learned Examiner has cited section 9(1)(a) and 9(1)(b)
stating grounds of refusal based on mark being descriptive and non-distinguishing.

1. As regards to application number 2933864, the Applicant asserts that the logo
____Logo______ is being used since 13/08/2012 with relation to building
construction, repairs, installation services related to floor maintenance including wall
painting, interiors, exteriors, wall treatment included under class 37. The logo
consists of initials of CP with Colorplay text below. Further, it is submitted that the
mark is indeed distinctive. The word color is the American version of the English
word Colour which is a globally accepted in 1800s. India being a commonwealth
country has been following British English since long. This makes color an unusual
word in India. Also the logo above the name of company adds to distinctiveness of
the mark and when used together gives it a distinguishing character.

2. Also the use of word play adds to the arbitrariness of mark because playing is an act
of recreation whereas painting the house is not. In playing the result or enjoyment or
benefit lies in conducting the act itself. Why do people employ painters to paint their
house? In the act of interior designing or painting the motive is not recreation but
improvement or beautification of surroundings. Oxford dictionary defines word play
as to engage in activity for enjoyment and recreation rather than a serious or
practical purpose whereas beautification of home has a serious and practical
purpose.

Thus it can be observed that the trademark is distinctive and is capable of distinguishing the
producer from other producers.
In respect of above submission, the Applicant humbly requests the withdrawal of objection
based on grounds of refusal and requests that the application no.: 2933864 in class 37 for
Trademark name and logo ___logo______may proceed towards registration and be accepted
for advertisement.

The Applicant further requests that no decision adverse to the Applicant in this regard be
taken without providing hearing to the Applicant or their authorized representatives.

Yours Truly