PTO Form No Form Number (Rev 01/2012) |
| OMB No. 0651-0055 (Exp 10/31/2021) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 85657924 |
| REGISTRATION NUMBER | 4378707 |
| MARK SECTION | |
| MARK FILE NAME | |
| LITERAL ELEMENT | ASSURED |
| FORM TEXT | |
|
In an Office Action dated April 7, 2020, the Examining Attorney refuses to enter the registrant’s Section 7 amendment to the mark until the owner submits an amendment to delete the color claim statement so it agrees with the amended mark. In response, the registrant hereby requests that the mark in the registration be amended to delete the color claim. The drawing description submitted with the Section 7 amendment reads: The mark consists of “A stylized avocado with a wedge removed exposing a portion of a pit, a check mark superimposed over the bottom of the avocado, and the word "ASSURED" to the right of the check mark.” Applicant believes that the amended mark, the amended description of the mark, and the amended (deleted) color claim are now consistent and the amendment is ready to be approved and entered. Registrant asserts that the issue raised in the April 7, 2020 Office Action has been resolved, and requests that the Section 7 be approved. If questions remain, the Examining Attorney is invited to contact Applicant's counsel, Kevin S. Costanza, by email at USTM.docketing@seedip.comor by telephone at 206-622-4900. |
|
| Owner Information (Current) | |
| NAME | NZ AVOCADO INDUSTRY LIMITED |
| INTERNAL ADDRESS | HARINGTON STREET |
| MAILING ADDRESS | HARRINGTON HOUSE LEVEL 5/32 |
| CITY | TAURANGA |
| COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | New Zealand |
| ZIP/POSTAL CODE | 3110 |
| Not Provided | |
| Owner Information (Proposed) | |
| NAME | NZ AVOCADO INDUSTRY LIMITED |
| INTERNAL ADDRESS | HARINGTON STREET |
| MAILING ADDRESS | HARRINGTON HOUSE LEVEL 5/32 |
| CITY | TAURANGA |
| COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | New Zealand |
| ZIP/POSTAL CODE | 3110 |
| XXXX | |
| ATTORNEY INFORMATION (current) | |
| NAME | Kevin S. Costanza |
| ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
| YEAR OF ADMISSION | XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
| FIRM NAME | SEED IP LAW GROUP PLLC |
| STREET | 701 Fifth Avenue, Suite 5400 |
| CITY | SEATTLE |
| STATE | Washington |
| POSTAL CODE | 98104 |
| COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
| PHONE | 206.622.4900 |
| FAX | 206.682.6031 |
| USTM.DOCKETING@SEEDIP.COM | |
| DOCKET/REFERENCE NUMBER | 120202.201 |
| ATTORNEY INFORMATION (proposed) | |
| NAME | Kevin S. Costanza |
| ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
| YEAR OF ADMISSION | XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
| FIRM NAME | SEED IP LAW GROUP PLLC |
| STREET | 701 Fifth Avenue, Suite 5400 |
| CITY | SEATTLE |
| STATE | Washington |
| POSTAL CODE | 98104 |
| COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
| PHONE | 206.622.4900 |
| FAX | 206.682.6031 |
| USTM.DOCKETING@SEEDIP.COM | |
| DOCKET/REFERENCE NUMBER | 120202.201 |
| CORRESPONDENCE INFORMATION (current) | |
| NAME | KEVIN S. COSTANZA |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | USTM.DOCKETING@SEEDIP.COM |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | NOT PROVIDED |
| DOCKET/REFERENCE NUMBER | 120202.201 |
| CORRESPONDENCE INFORMATION (proposed) | |
| NAME | Kevin S. Costanza |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | USTM.DOCKETING@SEEDIP.COM |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | NOT PROVIDED |
| DOCKET/REFERENCE NUMBER | 120202.201 |
| Substitute specimen bypass warning provided | The filer has elected to bypass the checkbox indicating that a substitute specimen was in use in commerce during the relevant period for filing the 6-year or 10-year Section 8/71. |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /Kevin Costanza/ |
| SIGNATORY'S NAME | Costanza, Kevin S. |
| SIGNATORY'S POSITION | Attorney of record for Registrant, Washington State bar member |
| SIGNATORY'S PHONE NUMBER | 206-622-4900 |
| DATE SIGNED | 04/07/2020 |
| SUBMISSION SIGNATURE | /Kevin Costanza/ |
| SIGNATORY'S NAME | Kevin Costanza |
| SIGNATORY'S POSITION | Attorney of record, Washington bar member |
| SIGNATORY'S PHONE NUMBER | 206-622-4900 |
| DATE SIGNED | 04/07/2020 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue Apr 07 22:38:22 ET 2020 |
| TEAS STAMP | USPTO/TRS-XX.XX.XXX.XX-20 200407223822357464-437870 7-20200407202949017027-N/ A-N/A-2020040720294901702 7 |
PTO Form No Form Number (Rev 01/2012) |
| OMB No. 0651-0055 (Exp 10/31/2021) |
In an Office Action dated April 7, 2020, the Examining Attorney refuses to enter the registrant’s Section 7 amendment to the mark until the owner submits an amendment to delete the color claim statement so it agrees with the amended mark.
In response, the registrant hereby requests that the mark in the registration be amended to delete the color claim. The drawing description submitted with the Section 7 amendment reads: The mark consists of “A stylized avocado with a wedge removed exposing a portion of a pit, a check mark superimposed over the bottom of the avocado, and the word "ASSURED" to the right of the check mark.”
Applicant believes that the amended mark, the amended description of the mark, and the amended (deleted) color claim are now consistent and the amendment is ready to be approved and entered.
Registrant asserts that the issue raised in the April 7, 2020 Office Action has been resolved, and requests that the Section 7 be approved. If questions remain, the Examining Attorney is invited to contact Applicant's counsel, Kevin S. Costanza, by email at USTM.docketing@seedip.comor by telephone at 206-622-4900.