UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/629746
APPLICANT: THE GREEN CACTUS MANAGEMENT CORP.
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CORRESPONDENT ADDRESS:
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Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: GREEN CACTUS FRESH MEXICAN GRILL
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: |
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 email address.
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Serial Number 76/629746
OFFICE RECORDS SEARCH: The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
ADVISORY – AMENDMENTS TO GOODS/SERVICES: If the identification of goods and/or services has been amended below, any future amendments must be in accordance with 37 C.F.R. §2.71(a) and TMEP §1402.07(e).
AMENDMENT(S) AUTHORIZED: As authorized by Stewart Bellus on August 31, 2005, the application is amended as noted below. If applicant disagrees with or objects to any of the amendments below, please notify the undersigned trademark examining attorney immediately. Otherwise, no response is necessary. TMEP §707.
The following disclaimer statement is added to the record:
No claim is made to the exclusive right to use “FRESH” and “MEXICAL GRILL” apart from the mark as shown.
15 U.S.C. §1056; TMEP §§1213, 1213.03(a) and 1213.08(a)(i).
The following statement describing color in the mark is added to the record:
The colors green, purple, orange, black and white are claimed as features of the mark.
The color green appears in the wording GREEN CACTUS and the design of the cactus; the color purple appears in the wording MEXICAN GRILL, the edges of the blanket containing the wording FRESH, and the bottom and upper right of the sombrero; the color orange appears in the raised period between the wording MEXICAN and GRILL, the brim of the sombrero, and in the background in the blanket containing the wording FRESH; the color black appears in the top of the sombrero, the frilled edges of the blanket and the jagged horizontal border around the mark; and the color white appears in the wording FRESH, as well as highlights in the design of the cactus and the jagged line around the top of the sombrero.
/Linda M. King/
Trademark Attorney
Law Office 116
571-272-9180
Linda.King@uspto.gov