Response to Office Action

MIELE

M5 INDUSTRIA E COMERCIO S/A

Response to Office Action

PTO Form 1957 (Rev 8/2005)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 76606222
MARK SECTION (no change)
ARGUMENT(S)

This is in response to the Office Action mailed on March 14, 2005. In the Office Action, the Examining Attorney has requested an English translation of the mark and has cited pending application Serial Nos. 78431260 and 78378868 as potential bars to registration.

1. Translation

The Examining Attorney has requested that Applicant provide an English translation of the mark. Applicant, a Brazilian corporation, is unaware of any meaning of the mark in Portuguese or any other language.

2. Prior Pending Applications

Application Serial No. 78378868 has abandoned for failure of the applicant to respond to an office action. This application should therefore be removed as an obstacle to registration of the Applicant's mark.

Application Serial No. 78431260 has been finally refused on the grounds that the mark is likely to cause confusion with the Applicant's prior Registration No. 2706974 for the mark CARLOS MIELE. In view thereof, Applicant respectfully requests suspension of further action in this application pending final disposition of Application Serial No. 78431260.

GOODS AND/OR SERVICES SECTION (1st class)(no change)
GOODS AND/OR SERVICES SECTION (2nd class)(no change)
GOODS AND/OR SERVICES SECTION (3rd class)(no change)
SIGNATURE SECTION
RESPONSE SIGNATURE /lisa rosenburgh/
SIGNATORY NAME Lisa Rosenburgh
SIGNATORY POSITION Attorney for Applicant
SIGNATURE DATE 09/12/2005
FILING INFORMATION SECTION
SUBMIT DATE Mon Sep 12 12:11:29 EDT 2005
TEAS STAMP USPTO/OA-XXXXXX-200509121
21129474075-76606222-200c
feb7aa4a429b161902edb2951
ed517f-N-N-20050912121024
809396



PTO Form 1957 (Rev 8/2005)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 76606222 is amended as follows:    
        
Argument(s)
In response to the substantive refusal(s), please note the following:

This is in response to the Office Action mailed on March 14, 2005. In the Office Action, the Examining Attorney has requested an English translation of the mark and has cited pending application Serial Nos. 78431260 and 78378868 as potential bars to registration.

1. Translation

The Examining Attorney has requested that Applicant provide an English translation of the mark. Applicant, a Brazilian corporation, is unaware of any meaning of the mark in Portuguese or any other language.

2. Prior Pending Applications

Application Serial No. 78378868 has abandoned for failure of the applicant to respond to an office action. This application should therefore be removed as an obstacle to registration of the Applicant's mark.

Application Serial No. 78431260 has been finally refused on the grounds that the mark is likely to cause confusion with the Applicant's prior Registration No. 2706974 for the mark CARLOS MIELE. In view thereof, Applicant respectfully requests suspension of further action in this application pending final disposition of Application Serial No. 78431260.

        
        
Response Signature
        
Signature: /lisa rosenburgh/     Date: 09/12/2005
Signatory's Name: Lisa Rosenburgh
Signatory's Position: Attorney for Applicant
        
        
        
Serial Number: 76606222
Internet Transmission Date: Mon Sep 12 12:11:29 EDT 2005
TEAS Stamp: USPTO/OA-XXXXXX-20050912121129474075-766
06222-200cfeb7aa4a429b161902edb2951ed517
f-N-N-20050912121024809396




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