Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 85589051 ORANGE (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85589051) has been amended as follows:

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

With respect to the identification of goods, applicant believes that the present identification of goods is not indefinite and accurately specifies the goods.  Applicant notes that a number of marks incorporating the word “Orange” issued to registration for dietary supplements or vitamins without any further description.  These include:

 

ORANGE GREENSICLE Reg. No. 2587287 for dietary supplements

ORANGE BREEZE Reg. No. 3098636 for edible flavored strips containing caffeine

ORANGE CAP Reg. No. 3832360 for calcium supplements, dietary nutritional supplements, among other dietary goods

ORANGE RUSH Reg. No. 4124902 for dietary supplemental drinks

ELECTRIC ORANGE Reg. No. 1937378 for dietary supplement

 

Copies of the relevant records from the USPTO TESS system are attached.  The same reasoning would apply to non-alcoholic energy shots in class 32.

 

Accordingly, applicant maintains the present identification of goods in classes 5 (not class 9 as indicated by the Examiner) and 32.

 

EVIDENCE
Evidence in the nature of Copies of the relevant records from the USPTO TESS system has been attached.
Original PDF file:
evi_87228252-103032642_._ORANGE_and_Orange_Slice_Device_Ser._85589051_ROA_support..pdf
Converted PDF file(s) ( 10 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use orange apart from the mark as shown.


Description of mark
The mark consists of the word "orange" which is in white and outlined in orange and an image of an orange sliced crosswise to expose the inside of the orange in white yellow and orange, with a drop of orange juice in yellow and orange emanating from the slice.

Miscellaneous Statement
Applicant requests the deletion of the following unnecessary statements which were inadvertently added to the application at filing: translation transliteration consent concurrent use claim prior registration claim


SIGNATURE(S)
Response Signature
Signature: /Mary Cheli/     Date: 08/09/2012
Signatory's Name: Mary Cheli
Signatory's Position: Attorney for Applicant, NY State Bar member

Signatory's Phone Number: 973-503-7270

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: 85589051
Internet Transmission Date: Thu Aug 09 10:42:07 EDT 2012
TEAS Stamp: USPTO/ROA-X.X.XXX.XXX-201208091042077512
85-85589051-490e0746cab824537f2095495264
b9176-N/A-N/A-20120809103032642171