Response to Office Action

OJO DEL SOL TEQUILA

E. & J. Gallo Winery

Response to Office Action

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 86634875
LAW OFFICE ASSIGNED LAW OFFICE 118
MARK SECTION (current)
MARK FILE NAME http://tmng-al.gov.uspto.report/resting2/api/img/86634875/large
LITERAL ELEMENT OJO DEL SOL TEQUILA
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
The color(s) turquoise blue, silver, white and black is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of a three-dimensional configuration of a clear bottle for the goods, namely, a bottle with a wide top tapering off to a smaller base, a short rounded neck covered by a neck label, and a curved casket shaped middle portion of the bottle bearing a label. Imprinted on the bottle in its bottom quarter is a design of an agave leaf. The neck label is turquoise blue, and is bordered by a silver and turquoise geometric design. In the middle of the neck label is a circle in which appears a design of a silver agave leaf. A silver geometric design is sprinkled throughout the neck label. The label covering the middle of the bottle contains a fanciful geometric design of the sun, with multiple layers of turquoise and silver, surrounded by a white circle containing 3 lines of light turquoise dotted lines. The white circle surrounding the geometric sun design fades into a rectangular white label directly underneath the circle, which contains the word OJO in stylized big black capital letters, and the smaller words DEL SOL in black directly underneath, and the smaller word TEQUILA in black directly underneath DEL SOL. Underneath these words are two bars of a black and white geometric design, and underneath the bars with black lines to the right and left is the design of a black agave leaf. The bottle cap is not claimed as part of the mark.
MARK SECTION (proposed)
MARK FILE NAME \\TICRS\EXPORT16\IMAGEOUT 16\866\348\86634875\xml5\ ROA0002.JPG
LITERAL ELEMENT OJO DEL SOL TEQUILA
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR MARK YES
COLOR(S) CLAIMED
(If applicable)
The color(s) turquoise blue, silver, tan, white and black is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of a three-dimensional configuration of a clear bottle for the goods, namely, a bottle with a wide top tapering off to a smaller base, a short rounded neck covered by a neck label, and a curved casket-shaped middle portion of the bottle bearing a label, and a tan bottle cap. Imprinted on the bottle in its bottom quarter is a design of an agave leaf. The neck label is turquoise blue, and is bordered by a silver and turquoise geometric design. In the middle of the neck label is a design of a silver agave leaf, with the words 100% AGAVE in silver below it. A silver geometric design is sprinkled throughout the neck label. The label covering the middle of the bottle contains a fanciful geometric design of the sun, with multiple layers of turquoise and silver, surrounded by a white circle containing three lines of light turquoise dotted lines. The white circle surrounding the geometric sun design fades into a rectangular white label directly underneath the circle, which contains the word OJO in stylized large black capital letters, and the smaller words DEL SOL in black directly underneath, and the smaller word TEQUILA in black directly underneath DEL SOL. Underneath these words are three thin, black horizontal lines and containing within them are two bars of a silver and white geometric design, and underneath the bars centered between two thin black vertical lines is a design of a black agave leaf. The red broken lines depicting the bottle cap indicate placement of the mark on the goods and are not part of the mark.
PIXEL COUNT ACCEPTABLE YES
PIXEL COUNT 254 x 636
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT Applicant has disclaimed "TEQUILA" and thus, the prior-pending application in TEQUILA (Serial No. 78286762) should not block publication of the mark
SIGNATURE SECTION
RESPONSE SIGNATURE /kww/
SIGNATORY'S NAME Kristi W. Whalen
SIGNATORY'S POSITION Attorney of record, California bar member
DATE SIGNED 11/23/2015
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Nov 23 17:21:55 EST 2015
TEAS STAMP USPTO/ROA-XXX.XX.XXX.X-20
151123172155624176-866348
75-540e05b21b28c9e17fad44
47658d555fd9d5bd4737a2b2d
d8ef4c5060773840e9ef-N/A-
N/A-20151123165030283318



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. 86634875 OJO DEL SOL TEQUILA (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/86634875/large) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: OJO DEL SOL TEQUILA (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/86634875/large)
Proposed: OJO DEL SOL TEQUILA (Stylized and/or with Design, see mark)
The color(s) turquoise blue, silver, tan, white and black is/are claimed as a feature of the mark.
The mark consists of a three-dimensional configuration of a clear bottle for the goods, namely, a bottle with a wide top tapering off to a smaller base, a short rounded neck covered by a neck label, and a curved casket-shaped middle portion of the bottle bearing a label, and a tan bottle cap. Imprinted on the bottle in its bottom quarter is a design of an agave leaf. The neck label is turquoise blue, and is bordered by a silver and turquoise geometric design. In the middle of the neck label is a design of a silver agave leaf, with the words 100% AGAVE in silver below it. A silver geometric design is sprinkled throughout the neck label. The label covering the middle of the bottle contains a fanciful geometric design of the sun, with multiple layers of turquoise and silver, surrounded by a white circle containing three lines of light turquoise dotted lines. The white circle surrounding the geometric sun design fades into a rectangular white label directly underneath the circle, which contains the word OJO in stylized large black capital letters, and the smaller words DEL SOL in black directly underneath, and the smaller word TEQUILA in black directly underneath DEL SOL. Underneath these words are three thin, black horizontal lines and containing within them are two bars of a silver and white geometric design, and underneath the bars centered between two thin black vertical lines is a design of a black agave leaf. The red broken lines depicting the bottle cap indicate placement of the mark on the goods and are not part of the mark.

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant has disclaimed "TEQUILA" and thus, the prior-pending application in TEQUILA (Serial No. 78286762) should not block publication of the mark


SIGNATURE(S)
Response Signature
Signature: /kww/     Date: 11/23/2015
Signatory's Name: Kristi W. Whalen
Signatory's Position: Attorney of record, California 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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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: 86634875
Internet Transmission Date: Mon Nov 23 17:21:55 EST 2015
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.X-20151123172155624
176-86634875-540e05b21b28c9e17fad4447658
d555fd9d5bd4737a2b2dd8ef4c5060773840e9ef
-N/A-N/A-20151123165030283318


Response to Office Action [image/jpeg]


uspto.report is an independent third-party trademark research tool that is not affiliated, endorsed, or sponsored by the United States Patent and Trademark Office (USPTO) or any other governmental organization. The information provided by uspto.report is based on publicly available data at the time of writing and is intended for informational purposes only.

While we strive to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, reliability, or suitability of the information displayed on this site. The use of this site is at your own risk. Any reliance you place on such information is therefore strictly at your own risk.

All official trademark data, including owner information, should be verified by visiting the official USPTO website at www.uspto.gov. This site is not intended to replace professional legal advice and should not be used as a substitute for consulting with a legal professional who is knowledgeable about trademark law.

© 2024 USPTO.report | Privacy Policy | Resources | RSS Feed of Trademarks | Trademark Filings Twitter Feed