Response to Office Action

CAMPARI BITTER FRATELLI CAMPARI SUCCESSORI MILANO - DAVIDE CAMPARI MILANO - ITALY

DAVIDE CAMPARI - MILANO S.P.A.

Response to Office Action

PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 79034141
LAW OFFICE ASSIGNED LAW OFFICE 104
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 033
DESCRIPTION Alcoholic beverages (except beers)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 033
DESCRIPTION
Alcoholic beverages except beers, namely, alcoholic bitters and liqueurs
ADDITIONAL STATEMENTS SECTION
DISCLAIMER "No claim is made to the exclusive right to use "BITTER," "MILANO" and "MILANO, ITALY" apart from the mark as shown."
COLOR(S) CLAIMED
(If applicable)
"The color(s) blue, red, dark red, white, yellow, light green, golden-yellow and gray is/are claimed as a feature of the mark."
PRIOR REGISTRATION(S) "Applicant claims ownership of U.S. Registration Number(s) 0262694, 0649057, 2787820 and others."
MISCELLANEOUS STATEMENT The wording FRATELLI CAMPARI SUCCESSORI is translated as CAMPARI’S BROTHERS SUCCESSORS and the word MILANO is translated as MILAN. DAVIDE CAMPARI does not identify a living individual. Color location statement: The color blue appears as background behind the word CAMPARI, as background for the design of a dog in the central lower portion of the mark, and in a rectangular border surrounding the wording DAVIDE CAMPARI MILANO – ITALY; the color white appears in the wording CAMPARI, and in the design of a dog in the lower central portion of the mark; the color red appears as background behind the wording DAVIDE CAMPARI MILANO – ITALY, in the initial capital letters of the wording FRATELLI CAMPARI SUCCESSORI, in a square border in the middle portion of the mark, in three short vertical columns in the bottom portion of the mark; the color dark red appears in a horizontal bar in the top portion of the mark, and in a horizontal bar in the bottom portion of the mark; the color golden-yellow appears in the stylized wording BITTER and MILANO, in the wording FRATELLI CAMPARI SUCCESSORI (and as the outline of the initial capital letters) in the wording DAVIDE CAMPARI MILANO – ITALY, as the outline for the wording CAMPARI at the top of the mark, in a horizontal bar on the top of the word CAMPARI, in a rectangular border surrounding the wording CAMPARI, in a horizontal bar down the word CAMPARI, in a horizontal bar down the dark red bar in the top portion of the mark, in a double square border in the middle portion of the mark which serves as the outline of the red square border in the middle portion of the mark, in two horizontal bars up and down the dark red bar in the bottom portion of the mark, in a stylized leaf design in the bottom portion of the mark, in a rectangular border in the bottom portion of the mark, in a double rectangular border surrounding the wording DAVIDE CAMPARI MILANO – ITALY, and in a horizontal bar in the bottom portion of the mark; the color light green appears as background of the entire mark; the color yellow appears in a little design in the lowest part of the mark, namely three short vertical columns; and the color gray appears in the middle of the stylized leaf design in the bottom portion of the mark.
CORRESPONDENCE SECTION
NAME Jeffrey H. Kaufman
FIRM NAME Oblon Spivak McClelland Maier & Neustadt
STREET 1940 Duke Street
CITY Alexandria
STATE Virginia
ZIP/POSTAL CODE 22314
COUNTRY United States
PHONE 703-413-3000
FAX 703-413-2220
EMAIL tmdocket@oblon.com
AUTHORIZED EMAIL COMMUNICATION Yes
SIGNATURE SECTION
DECLARATION SIGNATURE The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
RESPONSE SIGNATURE /jhk/
SIGNATORY'S NAME Jeffrey H. Kaufman
SIGNATORY'S POSITION Attorney of Record
DATE SIGNED 10/05/2007
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Oct 05 13:50:17 EDT 2007
TEAS STAMP USPTO/ROA-XX.XX.XXX.XX-20
071005135017102379-790341
41-4004680ac979b19b8bc385
ed724c910a5-N/A-N/A-20071
005133052522398



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. 79034141 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 033 for Alcoholic beverages (except beers)
Original Filing Basis:
Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed: Class 033 for Alcoholic beverages except beers, namely, alcoholic bitters and liqueurs

Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current: Barzanò & Zanardo Milano S.p.A. Via Borgonuovo, 10 I-20121 MILANO ITALY
Proposed: Jeffrey H. Kaufman of Oblon Spivak McClelland Maier & Neustadt, having an address of 1940 Duke Street Alexandria, Virginia United States 22314, whose e-mail address is tmdocket@oblon.com, whose phone number is 703-413-3000 and whose fax number is 703-413-2220.

ADDITIONAL STATEMENTS
Disclaimer
"No claim is made to the exclusive right to use "BITTER," "MILANO" and "MILANO, ITALY" apart from the mark as shown."

Color Claim
"The color(s) blue, red, dark red, white, yellow, light green, golden-yellow and gray is/are claimed as a feature of the mark."

Claim of Prior Registration(s)
"Applicant claims ownership of U.S. Registration Number(s) 0262694, 0649057, 2787820 and others."

The wording FRATELLI CAMPARI SUCCESSORI is translated as CAMPARI’S BROTHERS SUCCESSORS and the word MILANO is translated as MILAN. DAVIDE CAMPARI does not identify a living individual. Color location statement: The color blue appears as background behind the word CAMPARI, as background for the design of a dog in the central lower portion of the mark, and in a rectangular border surrounding the wording DAVIDE CAMPARI MILANO – ITALY; the color white appears in the wording CAMPARI, and in the design of a dog in the lower central portion of the mark; the color red appears as background behind the wording DAVIDE CAMPARI MILANO – ITALY, in the initial capital letters of the wording FRATELLI CAMPARI SUCCESSORI, in a square border in the middle portion of the mark, in three short vertical columns in the bottom portion of the mark; the color dark red appears in a horizontal bar in the top portion of the mark, and in a horizontal bar in the bottom portion of the mark; the color golden-yellow appears in the stylized wording BITTER and MILANO, in the wording FRATELLI CAMPARI SUCCESSORI (and as the outline of the initial capital letters) in the wording DAVIDE CAMPARI MILANO – ITALY, as the outline for the wording CAMPARI at the top of the mark, in a horizontal bar on the top of the word CAMPARI, in a rectangular border surrounding the wording CAMPARI, in a horizontal bar down the word CAMPARI, in a horizontal bar down the dark red bar in the top portion of the mark, in a double square border in the middle portion of the mark which serves as the outline of the red square border in the middle portion of the mark, in two horizontal bars up and down the dark red bar in the bottom portion of the mark, in a stylized leaf design in the bottom portion of the mark, in a rectangular border in the bottom portion of the mark, in a double rectangular border surrounding the wording DAVIDE CAMPARI MILANO – ITALY, and in a horizontal bar in the bottom portion of the mark; the color light green appears as background of the entire mark; the color yellow appears in a little design in the lowest part of the mark, namely three short vertical columns; and the color gray appears in the middle of the stylized leaf design in the bottom portion of the mark.

SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Response Signature
Signature: /jhk/     Date: 10/05/2007
Signatory's Name: Jeffrey H. Kaufman
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.

Mailing Address:    Jeffrey H. Kaufman
   Oblon Spivak McClelland Maier & Neustadt
   1940 Duke Street
   Alexandria, Virginia 22314
        
Serial Number: 79034141
Internet Transmission Date: Fri Oct 05 13:50:17 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20071005135017102
379-79034141-4004680ac979b19b8bc385ed724
c910a5-N/A-N/A-20071005133052522398



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