Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 79220948 ARX (Stylized and/or with Design, see http://uspto.report/TM/79220948/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Applicant respectfully submits that its mark ARX and design for Spanish wines can coexist with the cited registration of the mark ARXI for wine. Applicant has limited the goods sought to be distinguished by the mark ARX to only WINES FROM SPAIN. Each case has to be examined on its merits. The fact that the difference between two marks is one letter is not necessarily determinative in the decision as to whether or not those two marks are confusingly similar. In this case, we have ARX along with the design of a centaur shooting a bow and arrow and ARXI in standard characters. The cited registration?s pronunciation sounds quite different to the applicant?s mark pronunciation. The cited registration is pronounced ?ARCSEE? while the applied for mark is pronounced ?ARCS?. The fact that the cited registration contains the letter I at the end while the applied for mark consists of the word ARX along with the centaur design in this particular case does away with any possible likelihood of confusion scenario. ARXI and ARX and design each creates its own commercial impression. They sound different and they look different. Furthermore, applicant has limited the ID of its application to wines from Spain. That is, applicant only intends to use the ARX mark in connection with wines specifically produced in Spain and with nothing else. The cited registration covers wine, which granted, could include wines from Spain but the registrant?s submitted use evidence clearly shows that the cited registration refers to a wine from Greece. Accordingly, applicant respectfully submits that once all of the discussed facts are considered, namely, the difference in the marks, the fact that applicant only seeks to use the mark in connection with wines from Spain and the fact that regardless of the fact that the cited registration covers ?wine?, in reality the product is specifically wine from Greece, the balance clearly tilts towards and absence of likelihood of confusion. Applicant respectfully requests that the section 2(d) entered in this case be withdrawn and that the applied for mark be approved and allowed to proceed to publication. Respectfully submitted.

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the wording ARX represented in stylized font with a centaur shooting a bow and arrow and the entire mark in the color blue.

Significance of wording, letter(s), or numeral(s)
ARX appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


SIGNATURE(S)
Response Signature
Signature: /Vivian Ortiz-Ponce/     Date: 06/08/2018
Signatory's Name: Vivian Ortiz Ponce
Signatory's Position: Applicant's attorney, Puerto Rico bar member

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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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.

        
Serial Number: 79220948
Internet Transmission Date: Fri Jun 08 21:02:21 EDT 2018
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20180608210221336
048-79220948-6104f17b3fb28ade53eafd1a5d8
8b7be7e89e8b71eccbdc7136269ba0f792ced3-N
/A-N/A-20180608205156588282