| 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 09/20/2020) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 87549239 |
| LAW OFFICE ASSIGNED | LAW OFFICE 124 |
| MARK SECTION | |
| MARK | http://uspto.report/TM/87549239/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 consent 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Under the circumstances, it is requested that the refusal to register be withdrawn.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_389875210-20171103153418997419_._consent_agreement.pdf |
| CONVERTED PDF FILE(S) (4 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\875\492\87549239\xml8\ROA0002.JPG |
| \\TICRS\EXPORT17\IMAGEOUT17\875\492\87549239\xml8\ROA0003.JPG | |
| \\TICRS\EXPORT17\IMAGEOUT17\875\492\87549239\xml8\ROA0004.JPG | |
| \\TICRS\EXPORT17\IMAGEOUT17\875\492\87549239\xml8\ROA0005.JPG | |
| DESCRIPTION OF EVIDENCE FILE | a consent agreement in support of Applicant's argument |
| 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 | 11/06/2017 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Mon Nov 06 12:31:10 EST 2017 |
| TEAS STAMP | USPTO/ROA-XX.XX.XX.XXX-20 171106123110973814-875492 39-510bb9775ae463f6a3bdbb 6de7a856162eea44b6f791211 9f24c95c263142d16e-N/A-N/ A-20171106122201658584 |
| 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 09/20/2020) |
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 consent 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.
