Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 07/31/2017)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87097830 PV(Standard Characters, see http://uspto.report/TM/87097830/mark.png) has been amended as follows:

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

REMARKS

The Examining Attorney has continued and maintained her refusal to register Applicant’s mark for the claimed Class 25 goods under Trademark Act Section 2(d), on the ground that Applicant’s Mark is likely to be confused with Reg. No. 4,191,424 – PV (Stylized), owned by Parans Vitam, Inc.             

In addition, the Examining Attorney has required clarification of the services in Class 43,  and has continued and maintained the requirement for re-classification of the services included in the application.

Section 2(d) Refusal – Limited to Class 25

Class 25 has been deleted from the application.

Identification and Classification of Goods and Services Requirement

Per the Examining Attorney’s suggestions, Applicant has clarified and re-classified the services in the application, as follows:

IC 43:  Providing information in the field of food, namely, providing restaurant information services, information in the field of recipes and cooking, information on types of Italian food specialties through an Internet website portal and social media sites

IC 044: Providing nutritional information in the field of food, namely, providing nutritional information about Italian food specialties through an Internet website portal and social media sites

In connection with this response, Applicant also submits the fee required to cover the addition of Class 44 to its application.

CONCLUSION

In view of the above, Applicant respectfully requests that the Examining Attorney withdraw her objections and potential objections and permit Applicant’s Application to proceed to publication.  If the Examiner has any questions about the foregoing, she is invited to contact the undersigned.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 025 for Clothing, namely, hats and shirts; all of the foregoing sold to promote Pizzeria Vetri

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 043 for Providing information in the field of food, namely, providing restaurant information services, information in the field of recipes and cooking and information about Italian food specialties through an Internet website portal and social media sites
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. The mark was first used at least as early as 04/30/2016 and first used in commerce at least as early as 04/30/2016 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Providing information in the field of food, namely, providing restaurant information services, information in the field of recipes and cooking and information about Italian food specialties through an Internet website portal and social media sites; Providing information in the field of food, namely, providing restaurant information services, information in the field of recipes and cooking, information on types of Italian food specialties through an Internet website portal and social media sitesClass 043 for Providing information in the field of food, namely, providing restaurant information services, information in the field of recipes and cooking, information on types of Italian food specialties through an Internet website portal and social media sites
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. The mark was first used at least as early as 04/30/2016 and first used in commerce at least as early as 04/30/2016 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 044 for Providing nutritional information in the field of food, namely, providing nutritional information about Italian food specialties through an Internet website portal and social media sites
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. The mark was first used at least as early as 04/30/2016 and first used in commerce at least as early as 04/30/2016 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 044 . The specimen(s) submitted consists of screenshot from Applicant's website showing the mark in connection with the services .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Response Signature
Signature: /Robert E. Cannuscio/     Date: 07/28/2017
Signatory's Name: Robert E. Cannuscio
Signatory's Position: Attorney of Record, PA Bar member

Signatory's Phone Number: 215-988-3303

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.

        
RAM Sale Number: 87097830
RAM Accounting Date: 07/31/2017
        
Serial Number: 87097830
Internet Transmission Date: Fri Jul 28 17:01:02 EDT 2017
TEAS Stamp: USPTO/ROA-XX.XXX.X.XXX-20170728170102200
995-87097830-510572a3c5596a36443ebdb9a1c
1a4a064e5dd34809f9387ceacc53be84d3625be-
CC-3774-20170728141131592466