UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/468611
APPLICANT: Maple Leaf Distillers, Inc.
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CORRESPONDENT ADDRESS: ADAM K SACHAROFF MUCH SHELIST FREED DENENBERG AMENT ETAL 191 N WACKER DR STE 1800 CHICAGO IL 60606-1615
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom111@uspto.gov
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: LAS SIETE MARCAS
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: asacharoff@muchshelist.com |
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 76/468611
NOTICE OF SUSPENSION
This letter responds to the applicant’s communication filed on February 2, 2002.
The examining attorney has carefully considered the applicant’s arguments regarding likelihood of confusion but is not persuaded accordingly the refusal to register under Section 2(d) is maintained. The applicant has argued that the examining attorney has replaced the applicant’s translation of LAS SIETE MARCAS with the examining attorney’s translation. The examining attorney respectfully disagrees. The examining attorney has offered for the record, what she believes to be the correct translation of the mark and has supported said translation with evidence. The applicant should also note that said translation has been confirmed by the Office’s Translation Department. The applicant however, has offered nothing to support their claim that the mark translates to mean THE SEVEN BRANDS. Since the applicant disagrees with the translation offered by the examining attorney it would be helpful if the applicant would provide evidence in support of their position. If both the applicant’s translation and the examining attorney’s translation are correct then both translations will be considered in the 2(d) analysis. However, as the record presently stands the examining attorney contends that the refusal to register under Section 2(d) is appropriate and should be maintained.
Action on this application is suspended pending the disposition of:
Action on this application is suspended pending receipt of a true copy, a photocopy, a certification, or a certified copy of a foreign registration from the applicant's country of origin. If the registration is in a foreign language, an English translation must be submitted. The true copy, photocopy, certification, or certified copy of the registration should be forwarded to the Examining Attorney as soon as possible. If the foreign application is abandoned, the Examining Attorney should be advised.
/Darlene D. Johnson/
Trademark Examining Attorney
Law Office 111
(703)308-9111 ext. 145