Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

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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. 77000488 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:
This responds to the first Office Action dated January 24, 2007.  In that Action, registration of the subject mark was refused pursuant to Section 2(d) on the grounds that the similarity between Applicant's BELLA ROSA mark (for cheese) and the cited registered mark for AMERICAN BEAUTY LA BELLA ROSA (for pasta) was likely to cause confusion.  Applicant investigated the use of the cited mark and filed a Petition for Cancellation based on abandonment.  The proceeding was resolved on an amicable basis; Registrant voluntarily surrendered its registration and Applicant withdrew its Petition.  The status of the cited mark now reflects its cancellation under Section 18 (see attached).  Accordingly, the sole cited substantive impediment to registration of Applicant's mark has been removed.  By this response, Applicant also has addressed the informalities with respect to color claim and description and so respectfully submits that its application should be found in condition for publication.

Evidence
Evidence in the nature of TARR Status of cited registration showing Section 18 cancellation has been attached.
Original PDF file:
evi_6452117130-193154193_._AMERICAN_BEAUTY_LA_BELLA_ROSSA_TARR_-_Cancelled.pdf
Converted PDF file(s) (3 pages)
Evidence-1
Evidence-2
Evidence-3

Additional Statements

"The mark consists of the words BELLA ROSA (for which there is no color claim) and the design of a rose which appears in red below "BELLA" and to the left of "ROSA"."

"The color(s) red is/are claimed as a feature of the mark."

"Applicant claims ownership of U.S. Registration Number(s) 2168819."

Fees
Fee(s) in the amount of $50 is being submitted.


Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii). If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /mga/      Date: 05/17/2007
Signatory's Name: Marsha G. Ajhar
Signatory's Position: Attorney of Record

Response Signature
Signature: /mga/     Date: 05/17/2007
Signatory's Name: Marsha G. Ajhar
Signatory's Position: Attorney of Record

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.
        
RAM Sale Number: 971
RAM Accounting Date: 05/18/2007
        
Serial Number: 77000488
Internet Transmission Date: Thu May 17 19:56:10 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2007051719561098
1060-77000488-3702227eeae2995c96e8682839
7a1c6960-CC-971-20070517193154193465