| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/30/2011) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
85168683 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 107 |
| MARK SECTION (current) |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
| LITERAL ELEMENT |
HYLAND'S |
COLOR(S) CLAIMED
(If applicable) |
The color(s) brown, orange, blue, white and silver is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the trade dress characterizing packaging for the goods. The packaging comprises a rectangular box when folded. On the
center of the front panel of the packaging is a white burst on a brown background, below which is a silver curving horizontal line, below which is an orange field covering approximately the bottom
one-third of the front panel; the wording HYLAND'S appears within a blue oval within a white outline to the upper left of the burst. On the top panel of the packaging is a white burst on a brown
background, below which is a silver curving horizontal line, below which is an orange field covering approximately the bottom one-eighth of the top panel; the wording HYLAND'S appears within a blue
oval within a white outline to the upper left of the burst. On the right panel of the packaging is a white burst on a brown background; the wording HYLAND'S appears within a blue oval within a white
outline within the burst. On the left panel of the packaging is a white burst on a brown background; the wording HYLAND'S appears within a blue oval within a white outline within the burst. The other
solid lines in the drawing are intended to show the position of the mark on the packaging and are not claimed as part of the design. |
| MARK SECTION (proposed) |
| MARK FILE NAME |
\\TICRS\EXPORT11\IMAGEOUT 11\851\686\85168683\xml6\ ROA0002.JPG |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
| LITERAL ELEMENT |
HYLAND'S |
| COLOR MARK |
YES |
COLOR(S) CLAIMED
(If applicable) |
The color(s) brown, orange, blue, white and silver is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of in its upper portion, the mark consists of a brown background with a white burst on a brown background. "Hyland's" appears
in stylized white letters in a blue oval within a white outline to the upper left of the white burst. Below the white burst on a brown background is a silver curving horizontal line. Beneath the
silver curving horizontal line is a orange field. |
| PIXEL COUNT ACCEPTABLE |
YES |
| PIXEL COUNT |
804 x 397 |
| ADDITIONAL STATEMENTS SECTION |
| PRIOR REGISTRATION(S) |
The applicant claims ownership of U.S. Registration Number(s) 2172207, 2525719, 2977921, and others. |
| MISCELLANEOUS STATEMENT |
Please amend the drawing currently of record |
| MISCELLANEOUS FILE NAME(S) |
| ORIGINAL PDF FILE |
mis-38105141122-100926141_._85168683_response_to_office_action.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT11\IMAGEOUT11\851\686\85168683\xml6\ROA0003.JPG |
| |
\\TICRS\EXPORT11\IMAGEOUT11\851\686\85168683\xml6\ROA0004.JPG |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Mark N. Mutterperl/ |
| SIGNATORY'S NAME |
Mark N. Mutterperl |
| SIGNATORY'S POSITION |
Attorney of record, New York state bar member |
| DATE SIGNED |
05/12/2011 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Thu May 12 10:22:56 EDT 2011 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XXX-
20110512102256464305-8516
8683-480c9329c52ea6e975ae
2b4675803073b9-N/A-N/A-20
110512100926141927 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/30/2011) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
85168683 has been amended as follows:
MARK
Applicant proposes to amend the mark as follows:
Current: HYLAND'S (Stylized and/or with Design)
The color(s) brown, orange, blue, white and silver is/are claimed as a feature of the mark.
The mark consists of the trade dress characterizing packaging for the goods. The packaging comprises a rectangular box when folded. On the center of the front panel of the packaging is a white burst
on a brown background, below which is a silver curving horizontal line, below which is an orange field covering approximately the bottom one-third of the front panel; the wording HYLAND'S appears
within a blue oval within a white outline to the upper left of the burst. On the top panel of the packaging is a white burst on a brown background, below which is a silver curving horizontal line,
below which is an orange field covering approximately the bottom one-eighth of the top panel; the wording HYLAND'S appears within a blue oval within a white outline to the upper left of the burst. On
the right panel of the packaging is a white burst on a brown background; the wording HYLAND'S appears within a blue oval within a white outline within the burst. On the left panel of the packaging is
a white burst on a brown background; the wording HYLAND'S appears within a blue oval within a white outline within the burst. The other solid lines in the drawing are intended to show the position of
the mark on the packaging and are not claimed as part of the design.
Proposed: HYLAND'S (Stylized and/or with Design, see
mark)
The color(s) brown, orange, blue, white and silver is/are claimed as a feature of the mark.
The mark consists of in its upper portion, the mark consists of a brown background with a white burst on a brown background. "Hyland's" appears in stylized white letters in a blue oval within a white
outline to the upper left of the white burst. Below the white burst on a brown background is a silver curving horizontal line. Beneath the silver curving horizontal line is a orange field.
ADDITIONAL STATEMENTS
Claim of Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 2172207, 2525719, 2977921, and others.
Please amend the drawing currently of record
Original PDF file:
mis-38105141122-100926141_._85168683_response_to_office_action.pdf
Converted PDF file(s) (2 pages)
Miscellaneous File1
Miscellaneous File2
SIGNATURE(S)
Response Signature
Signature: /Mark N. Mutterperl/ Date: 05/12/2011
Signatory's Name: Mark N. Mutterperl
Signatory's Position: Attorney of record, New York state 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 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.
Serial Number: 85168683
Internet Transmission Date: Thu May 12 10:22:56 EDT 2011
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201105121022564
64305-85168683-480c9329c52ea6e975ae2b467
5803073b9-N/A-N/A-20110512100926141927
