UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/134491
APPLICANT: CAVIT CANTINA VITICOLTORI CONSOR2IO CANT ETC.
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CORRESPONDENT ADDRESS: ANTHONY P. VENTURINO STEVENS DAVIS MILLER & MOSHER LL P 1615 L ST NW STE 850 WASHINGTON DC 20036-5622
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: BOTTEGA VINAIA ESTATE BOTTLED
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CORRESPONDENT’S REFERENCE/DOCKET NO: APV 72181
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address..
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Serial Number 76/134491
Applicant is requesting reconsideration of a final refusal dated August 28, 2003.
After careful consideration of the law and facts of the case, the examining attorney must deny the request for reconsideration and adhere to the final action as written since no new facts or reasons have been presented that are significant and compelling with regard to the point at issue.
Accordingly, applicant’s request for reconsideration is denied. The time for appeal runs from the date the final action was mailed. 37 C.F.R. Section 2.64(b); TMEP Section 715.03(c).
While the applicant may delete “1999” and DENOMINAZIONE DI ORIGINE CONTOLLATA because this wording is informational, TRENTINO, by the applicant’s own admission, is the “description of the regional geographical location from where the wine is made…” The applicant further states that TRENTINO, like BORDEAUX describes the goods, and is a description of the type of wine. TRENTINO may not be deleted because it describes the type of wine.
The amended mark should read as follows: BOTTEGA VINAIA TRENTINO and design.
Stippling
The stippling shown in the drawing appears to be a feature of the mark and not intended to indicate color. The applicant must insert a statement to that effect. 37 C.F.R. §2.37; TMEP §807.09(e).
Translation of Foreign Wording
The applicant must submit an English translation of all foreign wording in the mark. 37 C.F.R. §2.61(b); TMEP §809.
/Inga Ervin/
Inga Ervin
Trademark Attorney
Law Office 111
703 308-9111x 226
703 746-8111 (fax)