| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
76598526 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 102 |
| MARK SECTION (no change) |
| GOODS AND/OR SERVICES SECTION (current) |
| INTERNATIONAL CLASS |
033 |
| DESCRIPTION |
Young wines |
| FILING BASIS |
Section 44(d) |
| FOREIGN APPLICATION NUMBER |
RM2003C06680 |
| FOREIGN APPLICATION COUNTRY |
Italy |
| FOREIGN FILING DATE |
12/23/2003 |
| FILING BASIS |
Section 44(e) |
| FOREIGN REGISTRATION NUMBER |
00971868 |
FOREIGN REGISTRATION
COUNTRY |
Italy |
FOREIGN REGISTRATION
DATE |
08/23/2005 |
| FOREIGN EXPIRATION DATE |
12/23/2013 |
STANDARD CHARACTERS
OR EQUIVALENT |
NO |
| GOODS AND/OR SERVICES SECTION (proposed) |
| INTERNATIONAL CLASS |
033 |
| DESCRIPTION |
Young wines |
| FILING BASIS |
Section 44(d) |
| FOREIGN APPLICATION NUMBER |
RM2003C06680 |
| FOREIGN APPLICATION COUNTRY |
Italy |
| FOREIGN FILING DATE |
12/23/2003 |
| FILING BASIS |
Section 44(e) |
| FOREIGN REGISTRATION NUMBER |
00971868 |
FOREIGN REGISTRATION
COUNTRY |
Italy |
FOREIGN REGISTRATION
DATE |
08/23/2005 |
| FOREIGN EXPIRATION DATE |
12/23/2013 |
| FOREIGN REGISTRATION FILE NAME(S) |
| ORIGINAL PDF FILE |
FRU0-70916625-142224083_._tional_Copy_of_Italian_Registration_Showing_the_Mark_Clearly.pdf |
CONVERTED PDF FILE(S)
(3 pages) |
\\TICRS2\EXPORT14\765\985\76598526\xml1\ROA0002.JPG |
| |
\\TICRS2\EXPORT14\765\985\76598526\xml1\ROA0003.JPG |
| |
\\TICRS2\EXPORT14\765\985\76598526\xml1\ROA0004.JPG |
| ADDITIONAL STATEMENTS SECTION |
| PRIOR REGISTRATION(S) |
"Applicant claims ownership of U.S. Registration Number(s) 2476352, 2888094." |
| TRANSLATION |
"The foreign wording in the mark translates into English as NOVEL WINE OF THE TEROLDEGO VINE." |
| MISCELLANEOUS STATEMENT |
In response to the issues raised by the Examining Attorney in her office action of March 23, 2007, Applicant has provided a further copy of
its Italian registration that clearly shows the mark (an English translation was previously submitted with the first copy). Additionally, Applicant has adopted the translation statement required by
the Examining Attorney. Further, Applicant adopts the amended color location statement required by the Examining Attorney as follows: The color white appears in the wording NOVELLO DI TEROLDEGO and
in two spots on the ladybugs back, the color green appears in the leaf, the color red appears in the ladybugs back, and the color black appears in the ladybugs spots and in certain other features
of the ladybug, as well as in the background of the mark. Finally, Applicant claims ownership of its cited prior registration Nos. 2476352 and 2888094, though the former registration is in the grace
period for maintenance and will soon lapse. Having responded to these issues, Applicant kindly requests passage to publication. Respectfully submitted, |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/ml/ |
| SIGNATORY'S NAME |
Mark Lebow |
| SIGNATORY'S POSITION |
Applicant's U.S. Attorney |
| DATE SIGNED |
09/19/2007 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Wed Sep 19 14:38:17 EDT 2007 |
| TEAS STAMP |
USPTO/ROA-XX.XX.XX.XX-200
70919143817641597-7659852
6-4005453af2d64fdcd79a987
0fc1854f03f-N/A-N/A-20070
919142224083355 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
76598526 has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 033 for Young wines
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services,
and asserts a claim of priority based on [Italy application number RM2003C06680 filed 12/23/2003]. 15 U.S.C.Section 1126(d), as amended.
Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and
submits a copy of [ Italy registration number 00971868 registered 08/23/2005 with a renewal date of __________ and an expiration date of 12/23/2013 ], and translation thereof, if appropriate. 15
U.S.C. Section 1126(e), as amended.
Proposed: Class 033 for Young wines
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services,
and asserts a claim of priority based on [Italy application number RM2003C06680 filed 12/23/2003]. 15 U.S.C.Section 1126(d), as amended.
Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and
submits a copy of [ Italy registration number 00971868 registered 08/23/2005 with a renewal date of __________ and an expiration date of 12/23/2013 ], and translation thereof, if appropriate. 15
U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU0-70916625-142224083_._tional_Copy_of_Italian_Registration_Showing_the_Mark_Clearly.pdf
Converted PDF file(s) (3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
ADDITIONAL STATEMENTS
Claim of Prior Registration(s)
"Applicant claims ownership of U.S. Registration Number(s) 2476352, 2888094."
Translation
"The foreign wording in the mark translates into English as NOVEL WINE OF THE TEROLDEGO VINE."
In response to the issues raised by the Examining Attorney in her office action of March 23, 2007, Applicant has provided a further copy of its Italian registration that clearly shows the mark (an
English translation was previously submitted with the first copy). Additionally, Applicant has adopted the translation statement required by the Examining Attorney. Further, Applicant adopts the
amended color location statement required by the Examining Attorney as follows: The color white appears in the wording NOVELLO DI TEROLDEGO and in two spots on the ladybugs back, the color green
appears in the leaf, the color red appears in the ladybugs back, and the color black appears in the ladybugs spots and in certain other features of the ladybug, as well as in the background of the
mark. Finally, Applicant claims ownership of its cited prior registration Nos. 2476352 and 2888094, though the former registration is in the grace period for maintenance and will soon lapse. Having
responded to these issues, Applicant kindly requests passage to publication. Respectfully submitted,
SIGNATURE(S)
Response Signature
Signature: /ml/ Date: 09/19/2007
Signatory's Name: Mark Lebow
Signatory's Position: Applicant's U.S. Attorney
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.
attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a
signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney
appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this
matter.
Serial Number: 76598526
Internet Transmission Date: Wed Sep 19 14:38:17 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-200709191438176415
97-76598526-4005453af2d64fdcd79a9870fc18
54f03f-N/A-N/A-20070919142224083355
