NOTE TO THE FILE
SERIAL NUMBER: 77825382
DATE: 03/16/2010
NAME: ekon
NOTE:
From: Kon, Elissa Garber
Sent: Tuesday, March 16, 2010 7:39 AM
To: 'mark@cohenslaw.com'
Subject: BOBA trademark Serial No. 77825382
Dear Mark:I am the trademark examiner to whom this application has been assigned. I am writing in regard to your February 28, 2010 response.Your response is acceptable and I am withdrawing the Section 2(d) refusal as to Registration No. 2987539. Your new drawing is also acceptable. The problem is with the amended mark description.You amended your mark description to add the line about the apple being in 50% black. This statement is confusing because you are not claiming any color in your mark, and black is considered a color. Therefore, please amend the mark description back to the following:The mark consists of a silhouette of an apple with a stem and leaf on top followed by the letters "boba."If that amendment is acceptable, kindly let me know by reply email and I would be glad to enter it for you by examiner's amendment.Thank you./Elissa Garber Kon/
Attorney, Law Office 106
phone: (571) 272-9181
fax: (571) 273-9181
email: elissagarber.kon@uspto.gov