| To: | The Kroger Co. of Michigan (sftrademarks@pillsburywinthrop.com) |
| Subject: | TRADEMARK APPLICATION NO. 78483412 - KROGER - 061148/03119 |
| Sent: | 7/22/05 5:03:49 PM |
| Sent As: | ECOM101@USPTO.GOV |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 78/483412
APPLICANT: The Kroger Co. of Michigan
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: 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: KROGER
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CORRESPONDENT’S REFERENCE/DOCKET NO: 061148/03119
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 78/483412
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 Mr. Richard Kirkpatrick on July 22, 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The 2(d) likelihood of confusion refusal based on U.S. Registration No. 2310549 is withdrawn. Also, the requirement for a new drawing that agrees with the mark on the specimen or a substitute specimen that shows use of the mark as it appears on the drawing is withdrawn.
2(f) Claim – Acquired Distinctiveness
The mark has become distinctive of the services as evidenced by ownership of U.S. Registration No. 0813182 on the Principal Register for the same mark for related goods or services.
37 C.F.R. §2.41(b); TMEP §§1212.04 et seq.
The following claim of ownership is added to the record:
Applicant is the owner of U.S. Registration Nos. 0434669, 0692506, 0813182, and others.
37 C.F.R. §2.36; TMEP §812.
/Andrew Rhim/
Attorney-Adviser
Law Office 101
phone (571) 272-9711
fax (571) 273-9101