| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 07/31/2017) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 86060265 |
| LAW OFFICE ASSIGNED | LAW OFFICE 101 |
| MARK SECTION | |
| MARK | http://uspto.report/TM/86060265/mark.png |
| LITERAL ELEMENT | EXPRESS |
| 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) | |
|
In the Office Action, the Trademark Attorney initially refused registration on the ground of likelihood of confusion with the mark EXPRESS! for “processed peppers” as shown in Reg. No. 3,382,773, owned by G.L. Mezzetta, Inc. Applicant previously has reached an agreement with G.L. Mezzetta, Inc. that each consents to the registration by the other of the mark EXPRESS, including particularly the application which led to the cited registration. Applicant consented to G.L. Mezzetta’s registration of EXPRESS! for pickled or processed vegetables. G.L. Mezzetta consented to Applicant’s registration of EXPRESS for frozen or fresh vegetables. Attached is a copy of a consent agreement dated July 17, 2006. Under the circumstances, it is requested that the refusal to register be withdrawn. |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME(S) | |
| ORIGINAL PDF FILE | evi_389875210-163716801_._consent_agreement.pdf |
| CONVERTED PDF FILE(S) (4 pages) |
\\TICRS\EXPORT16\IMAGEOUT16\860\602\86060265\xml4\ROA0002.JPG |
| \\TICRS\EXPORT16\IMAGEOUT16\860\602\86060265\xml4\ROA0003.JPG | |
| \\TICRS\EXPORT16\IMAGEOUT16\860\602\86060265\xml4\ROA0004.JPG | |
| \\TICRS\EXPORT16\IMAGEOUT16\860\602\86060265\xml4\ROA0005.JPG | |
| DESCRIPTION OF EVIDENCE FILE | a consent agreement in support of Applicant's remarks. |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /norman h. zivin/ |
| SIGNATORY'S NAME | Norman H. Zivin |
| SIGNATORY'S POSITION | Attorney for Applicant |
| SIGNATORY'S PHONE NUMBER | 2122780400 |
| DATE SIGNED | 05/08/2014 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu May 08 16:55:31 EDT 2014 |
| TEAS STAMP | USPTO/ROA-XX.XX.XX.XXX-20 140508165531699826-860602 65-50073e7e4621b4bf240b39 a241ec5529f16f97d8074e44a 84e2d2d170be49433fdd-N/A- N/A-20140508163716801915 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 07/31/2017) |
In the Office Action, the Trademark Attorney initially refused registration on the ground of likelihood of confusion with the mark EXPRESS! for “processed peppers” as shown in Reg. No. 3,382,773, owned by G.L. Mezzetta, Inc.
Applicant previously has reached an agreement with G.L. Mezzetta, Inc. that each consents to the registration by the other of the mark EXPRESS, including particularly the application which led to the cited registration. Applicant consented to G.L. Mezzetta’s registration of EXPRESS! for pickled or processed vegetables. G.L. Mezzetta consented to Applicant’s registration of EXPRESS for frozen or fresh vegetables. Attached is a copy of a consent agreement dated July 17, 2006.
Under the circumstances, it is requested that the refusal to register be withdrawn.
