To: | Kroger Co. of Michigan, The (sftrademarks@pillsburylaw.com) |
Subject: | U.S. Trademark Registration No. 2645252 - KROGER - 61148-269099 |
Sent: | 03/26/20 01:39:18 PM |
Sent As: | prg@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Owner’s Trademark Registration
U.S. Registration No. 2645252
Mark: KROGER
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Correspondence Address: |
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Owner: Kroger Co. of Michigan, The
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Reference/Docket No. 61148-269099
Correspondence Email Address: |
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OFFICE ACTION
The USPTO must receive the owner’s response to this letter within the time period specified below. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears below.
Issue date: March 26, 2020
The Section 7 Amendment submitted on 4/2/2019 is not accepted for the reasons set forth below.
The Section 7 Amendment cannot be accepted because the color claim and color location statement do not identify all the colors appearing in the drawing of the mark. The color claim and location statement must identify all the colors in the mark on the drawing. See 37 C.F.R. §§2.52(b)(1) and 2.173(f); cf. TMEP §§807.07 et seq .
Therefore, the owner must submit a complete color claim and color location statements that reference all the colors appearing in the drawing of the amended mark.
If black, white and/or gray appear in the mark, they must be included in the color claim and color location statement. If they are not being used as color, they should be omitted from the color claim and the owner must amend the color location statement to specify where the black, white and/or gray appear in the mark. The owner must also state that they constitute background, outlining, shading or transparent areas, and are not a part of the mark. In addition the revised mark description must include that the word “KROGER” is in white.
If you disagree with this refusal to accept the Section 7 Amendment you may file a petition to the Director to review this decision. The petition must be filed within six months from the issuance date of this letter and be accompanied by a fee of $100. 37 C.F.R. §§2.6, 2.146 and 2.176.
To file a petition to the Director, please use the “Petition to the Director” form located at
http://www.gov.uspto.report/trademarks-application-process/filing-online/petition-forms (form no. 3).
How to respond. Click to file a Response to Post-Registration Office action.
Direct questions about this Office action to the Post Registration staff member below.
/Roberts, Sharon/
Trademark Specialist
Office of Post Registration
571-272-9549 (Office)
Sharon.Roberts@uspto.gov
RESPONSE GUIDANCE