Response to Office Action

VEGA

E.M. Group Holding AG

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 86557169
LAW OFFICE ASSIGNED LAW OFFICE 109
MARK SECTION
MARK http://tmng-al.gov.uspto.report/resting2/api/img/86557169/large
LITERAL ELEMENT VEGA
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)

This Response is supplemental to the October 23, 2015 Response filed by applicant's counsel. Applicant's counsel inadvertently overlooked selecting "yes"  to question #3, to provide "Additional Statements" regarding the mark's significance.

The Examining Attorney has also required that the applicant explain whether “VEGA” has any meaning or significance in the industry in which the goods and/or services are manufactured/provided, or if such wording is a “term of art” within applicant’s industry, or whether it identifies a geographic place, a surname, or has any meaning in a foreign language.

The mark VEGA was coined by the applicant as an indicator of source for its goods and services.  It has no meaning or significance in the industry in which the goods and/or services are manufactured/provided and is not a “term of art” within applicant’s industry.

 

Rather, the applicant coined the term VEGA as an indicator of source or origin for its goods and services. The applicant's VEGA mark does not identify a geographic region or a surname. 

The applicant researched and confirmed that the term VEGA apparently means “meadow” in the Spanish language. The fact that VEGA is a word in the Spanish language is merely coincidence. The applicant was not even aware of that translation until it prepared this response.

The applicant and applicant's counsel thank the Examining Attorney for assisting with the application.

Respectfully submitted,

/CAJ/

Carrie A. Johnson

ADDITIONAL STATEMENTS SECTION
TRANSLATION The English translation of VEGA in the mark is meadow.
SIGNIFICANCE OF MARK VEGA appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.
SIGNATURE SECTION
RESPONSE SIGNATURE /caj/
SIGNATORY'S NAME Carrie A. Johnson
SIGNATORY'S POSITION Attorney of Record, State Bar of Ohio
SIGNATORY'S PHONE NUMBER 419-874-1100
DATE SIGNED 10/23/2015
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Oct 23 16:35:06 EDT 2015
TEAS STAMP USPTO/ROA-XXX.XXX.XXX.X-2
0151023163506214164-86557
169-5409dd3e4fd042fa475fe
5a025c5cc6f7958122a150a9f
87b5283c3d965ea346-N/A-N/
A-20151023160821977663



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. 86557169 VEGA(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86557169/large) has been amended as follows:

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

This Response is supplemental to the October 23, 2015 Response filed by applicant's counsel. Applicant's counsel inadvertently overlooked selecting "yes"  to question #3, to provide "Additional Statements" regarding the mark's significance.

The Examining Attorney has also required that the applicant explain whether “VEGA” has any meaning or significance in the industry in which the goods and/or services are manufactured/provided, or if such wording is a “term of art” within applicant’s industry, or whether it identifies a geographic place, a surname, or has any meaning in a foreign language.

The mark VEGA was coined by the applicant as an indicator of source for its goods and services.  It has no meaning or significance in the industry in which the goods and/or services are manufactured/provided and is not a “term of art” within applicant’s industry.

 

Rather, the applicant coined the term VEGA as an indicator of source or origin for its goods and services. The applicant's VEGA mark does not identify a geographic region or a surname. 

The applicant researched and confirmed that the term VEGA apparently means “meadow” in the Spanish language. The fact that VEGA is a word in the Spanish language is merely coincidence. The applicant was not even aware of that translation until it prepared this response.

The applicant and applicant's counsel thank the Examining Attorney for assisting with the application.

Respectfully submitted,

/CAJ/

Carrie A. Johnson



ADDITIONAL STATEMENTS
Translation
The English translation of VEGA in the mark is meadow.


Significance of wording, letter(s), or numeral(s)
VEGA appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


SIGNATURE(S)
Response Signature
Signature: /caj/     Date: 10/23/2015
Signatory's Name: Carrie A. Johnson
Signatory's Position: Attorney of Record, State Bar of Ohio

Signatory's Phone Number: 419-874-1100

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: 86557169
Internet Transmission Date: Fri Oct 23 16:35:06 EDT 2015
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2015102316350621
4164-86557169-5409dd3e4fd042fa475fe5a025
c5cc6f7958122a150a9f87b5283c3d965ea346-N
/A-N/A-20151023160821977663



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