Offc Action Outgoing

KROGER

Kroger Co. of Michigan, The

U.S. Trademark Registration No. 2645252 - KROGER - 61148-269099

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

Correspondence Address:

Laura C. Gustafson

Pillsbury Winthrop Shaw Pittman LLP

Calendar/Docketing Department

P.O. Box 2824

San Francisco CA 94126-2824

Owner: Kroger Co. of Michigan, The

Reference/Docket No. 61148-269099

Correspondence Email Address:

sftrademarks@pillsburylaw.com

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.

Your response to the outstanding Office action regarding the Section 7 Amendment was received on 12/3/2019. After consideration of the response and the facts of record, the refusal to accept the Section 7 Amendment is continued 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

Response must be received by the USPTO before midnight Eastern Time of the last day of the response period. TEAS maintenance or unforeseen circumstances could affect an owner’s ability to timely respond.

Responses signed by an unauthorized party are not accepted or processed. If the owner does not have an attorney, the response must be signed by the individual owner, all joint owners, or someone with legal authority to bind a juristic owner. If the owner has an attorney, the response must be signed by the attorney.

If needed, find contact information for the supervisor of the office or unit listed in the signature block.

U.S. Trademark Registration No. 2645252 - KROGER - 61148-269099

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)

USPTO Official Notice

Office action (Official Letter) has issued
on 03/26/2020 for
U.S. Trademark Registration No. 2645252

Your trademark document has been reviewed by a Post Registration staff member. As part of that review, the assigned staff member has issued you an official letter that you must respond to by the specified deadline. Please follow the steps below.

(1) Read the official letter or notice.

(2) Direct questions about the contents of the official letter to the staff member identified in the letter. Direct questions about navigating USPTO electronic forms, the USPTO website , the registration maintenance process, the status of your registration, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

(3) Response may be required. Carefully review the Office action to determine (1) if a response is required, (2) the applicable response time period, and (3) how to respond using the Trademark Electronic Application System (TEAS). The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.

GENERAL GUIDANCE

Check the status of your registration periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.
Update your correspondence email address , if needed, to ensure you receive important USPTO notices about your registration.
Beware of misleading notices sent by private companies about your registration.
Private companies not associated with the USPTO often use public information provided in USPTO trademark registrations to mail and email trademark-related offers and notices-most of which require fees. These companies often have names similar to the USPTO. All official USPTO correspondence will only be emailed from the domain "@uspto.gov." For a current list of companies the USPTO has received complaints about, information on how to identify these offers and notices, and what to do if you receive one, see the misleading notices webpage.