| PTO Form 1957 (Rev 5/2006) |
| OMB No. 0651-0050 (Exp. 04/2009) |
| Input Field |
Entered |
| SERIAL NUMBER | 76637644 |
| LAW OFFICE ASSIGNED | LAW OFFICE 113 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
May 25, 2006 Atty. Elizabeth Winter Dear Atty. Winter: I am formally submitting this to your official action dated December 1, 2005 on the issues indicated in your official action: LIKELIHOOD OF CONFUSION. The mark AROMA was registered by the undersigned under Registration Nos. 2731077 and 2679542 in word and as a design mark. As you will see from our application, we had actually indicated that it should be registered by design/stylized word. In this application, the AROMA has an "O" that symbolizes a flame and a burner. This was exactly covered by Registration No. 1890984. It will be another registration not similar to the design under REGISTRATION NO. 2,731,077. The consumers will not be confused because they will consider it as another design of my registered trademark AROMA under Registration No. 2,731,077. CHUNG-YUAN CHANG is the same person as the registrant, Peter Chung-Yuan Chang. On the drawing of the mark, it is consistent with the attached design/stylized word attached in the application and the specimen. In the catalog attached, it clearly showed on the picture of the product in the catalog the design mark that I am registering, which is AROMA with an "O" that symbolizes a flame and a burner. On the application, we had indicated that the date of first use for the mark in another form was on April 25, 1994. This other form is an AROMA mark without the "O" symbolizing a flame and a burner. My interpretation on this is that the mark AROMA that did not have the AROMA with a flame and a burner was started on April 25, 1994. Now, on this pending mark AROMA with an "O" that symbolizes a flame and a burner, we indicated NOVEMBER 26, 1986 as the first use in commerce because that was established and confirmed under REGISTRATION NO. 1890984, which was owned by the undersigned. In the history of this REGISTRATION NO. 1890984, NOVEMBER 25, 1986 was the first day of use in commerce. This explians why we attached trademark documents that I downloaded showing November 11, 1986 as the first day of use. Applicant is the owner of US trademarks regsitered under REGISTRATION NOS. 2731077 and 2679542. IDENTIFICATION OF GOODS: I had actually copied exactly the goods covered by my old AROMA mark with an "O" symbolizing a flame and a burner because it is the same mark that I am registering. As suggested, I am changing the wording to the following: ELECTRICAL APPLIANCES FOR USE IN COOKING, STEAMING, WARMING AND STIR FRYING, NAMELY: FOOD STEAMERS, RICE STEAMERS, VEGETABLE STEAMERS, WOKS, DEEP FAT FRYERS, FOOD WARMERS, PRESSURE COOKERS, SLOW COOKERS, RICE COOKERS, RICE WARMERS, GRILLS, SKILLETS, FRY PANS, TOASTER OVENS, CONVECTION OVENS, ROASTER OVENS AND THE LIKE (INTERNATIONAL CLASS 011). By oversight, we had submitted this response under SERIAL NO. 76637645. Please disregard the response submitted for SERIAL NO. 76637645 yesterday, May 24, 2006. This response shall serve as my formal response to your office action under 76/637644. Thank you . Very respectfully yours, CHUNG-YUAN CHANG
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| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /CHUNG-YUAN CHANG/ |
| SIGNATORY NAME | CHUNG-YUAN CHANG |
| SIGNATORY POSITION | N/A |
| SIGNATURE DATE | 05/25/2006 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu May 25 15:09:54 EDT 2006 |
| TEAS STAMP | USPTO/ROA-XXX.XX.XXX.XXX- 20060525150954936580-7663 7644-33285d4bd49a1334ea5a fe496393ab6d83-N/A-N/A-20 060525143850600385 |
| PTO Form 1957 (Rev 5/2006) |
| OMB No. 0651-0050 (Exp. 04/2009) |
May 25, 2006
Atty. Elizabeth Winter
Dear Atty. Winter:
I am formally submitting this to your official action dated December 1, 2005 on the issues indicated in your official action: LIKELIHOOD OF CONFUSION. The mark AROMA was registered by the undersigned under Registration Nos. 2731077 and 2679542 in word and as a design mark. As you will see from our application, we had actually indicated that it should be registered by design/stylized word. In this application, the AROMA has an "O" that symbolizes a flame and a burner. This was exactly covered by Registration No. 1890984. It will be another registration not similar to the design under REGISTRATION NO. 2,731,077. The consumers will not be confused because they will consider it as another design of my registered trademark AROMA under Registration No. 2,731,077.
CHUNG-YUAN CHANG is the same person as the registrant, Peter Chung-Yuan Chang. On the drawing of the mark, it is consistent with the attached design/stylized word attached in the application and the specimen. In the catalog attached, it clearly showed on the picture of the product in the catalog the design mark that I am registering, which is AROMA with an "O" that symbolizes a flame and a burner.
On the application, we had indicated that the date of first use for the mark in another form was on April 25, 1994. This other form is an AROMA mark without the "O" symbolizing a flame and a burner. My interpretation on this is that the mark AROMA that did not have the AROMA with a flame and a burner was started on April 25, 1994. Now, on this pending mark AROMA with an "O" that symbolizes a flame and a burner, we indicated NOVEMBER 26, 1986 as the first use in commerce because that was established and confirmed under REGISTRATION NO. 1890984, which was owned by the undersigned. In the history of this REGISTRATION NO. 1890984, NOVEMBER 25, 1986 was the first day of use in commerce. This explians why we attached trademark documents that I downloaded showing November 11, 1986 as the first day of use.
Applicant is the owner of US trademarks regsitered under REGISTRATION NOS. 2731077 and 2679542.
IDENTIFICATION OF GOODS: I had actually copied exactly the goods covered by my old AROMA mark with an "O" symbolizing a flame and a burner because it is the same mark that I am registering. As suggested, I am changing the wording to the following: ELECTRICAL APPLIANCES FOR USE IN COOKING, STEAMING, WARMING AND STIR FRYING, NAMELY: FOOD STEAMERS, RICE STEAMERS, VEGETABLE STEAMERS, WOKS, DEEP FAT FRYERS, FOOD WARMERS, PRESSURE COOKERS, SLOW COOKERS, RICE COOKERS, RICE WARMERS, GRILLS, SKILLETS, FRY PANS, TOASTER OVENS, CONVECTION OVENS, ROASTER OVENS AND THE LIKE (INTERNATIONAL CLASS 011).
By oversight, we had submitted this response under SERIAL NO. 76637645. Please disregard the response submitted for SERIAL NO. 76637645 yesterday, May 24, 2006. This response shall serve as my formal response to your office action under 76/637644.
Thank you .
Very respectfully yours,
CHUNG-YUAN CHANG