| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 07/31/2017) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
85743384 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 116 |
| MARK SECTION |
| MARK |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85743384 |
| LITERAL ELEMENT |
BAMBOO |
| STANDARD CHARACTERS |
YES |
| USPTO-GENERATED IMAGE |
YES |
| MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
| ARGUMENT(S) |
| Applicant calls the Examiner attention to the fact that the degree of descriptiveness of a mark can be determined by considering it in relation to
the specific goods or services. Remington Products, Inc. v. N. Am. Philips Corp., 892 F.2d 1576, 1580, 13 USPQ2d 1444, 1448 (Fed. Cir. 1990) (the mark must be considered in context, i.e., in
connection with the goods applied for). In that sense applicant states for the record that their product it does not contain bamboo. The only Bamboo relation is the engraving on the glass bottle,
therefore, as to applied to the goods applicant mark is not descriptive of the products. Applicant's mark does not describes one significant function, attribute, or property of its products.
Applicant prays that the application as presently is deemed in condition for publication and prompt publication is respectfully requested. If for some reason the present amendment does not place the
case in condition for publication, the Examiner is respectfully requested to call Applicant's attorney at (305) 669- 9848 to discuss any possible further amendment of the like which places the case
in condition for publication. Respectfully submitted, Albert Bordas, P.A. Suite 607 5975 Sunset Drive Miami FL 33143 Phone: 305-669-9848 Fax: 305-669-9851 By: Albert Bordas, Esq. |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/ab/ |
| SIGNATORY'S NAME |
Albert Bordas, Esq. |
| SIGNATORY'S POSITION |
Attorney of record |
| SIGNATORY'S PHONE NUMBER |
305-669-9848 |
| DATE SIGNED |
08/05/2013 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Mon Aug 05 19:17:01 EDT 2013 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XXX-
20130805191701663017-8574
3384-500221cefc01badf844e
ead133183f143d9ed276b7abf
233b39dea8d2ecbaf63c3-N/A
-N/A-20130805190113555502 |
| 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.
85743384 BAMBOO(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85743384) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant calls the Examiner attention to the fact that the degree of descriptiveness of a mark can be determined by considering it in relation to the specific goods or services. Remington Products,
Inc. v. N. Am. Philips Corp., 892 F.2d 1576, 1580, 13 USPQ2d 1444, 1448 (Fed. Cir. 1990) (the mark must be considered in context, i.e., in connection with the goods applied for). In that sense
applicant states for the record that their product it does not contain bamboo. The only Bamboo relation is the engraving on the glass bottle, therefore, as to applied to the goods applicant mark is
not descriptive of the products. Applicant's mark does not describes one significant function, attribute, or property of its products. Applicant prays that the application as presently is deemed in
condition for publication and prompt publication is respectfully requested. If for some reason the present amendment does not place the case in condition for publication, the Examiner is respectfully
requested to call Applicant's attorney at (305) 669- 9848 to discuss any possible further amendment of the like which places the case in condition for publication. Respectfully submitted, Albert
Bordas, P.A. Suite 607 5975 Sunset Drive Miami FL 33143 Phone: 305-669-9848 Fax: 305-669-9851 By: Albert Bordas, Esq.
SIGNATURE(S)
Response Signature
Signature: /ab/ Date: 08/05/2013
Signatory's Name: Albert Bordas, Esq.
Signatory's Position: Attorney of record
Signatory's Phone Number: 305-669-9848
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: 85743384
Internet Transmission Date: Mon Aug 05 19:17:01 EDT 2013
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201308051917016
63017-85743384-500221cefc01badf844eead13
3183f143d9ed276b7abf233b39dea8d2ecbaf63c
3-N/A-N/A-20130805190113555502