Response to Office Action

ORANGE

Espro, Inc.

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 09/20/2020)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 87932083
LAW OFFICE ASSIGNED LAW OFFICE 118
MARK SECTION
MARK http://uspto.report/TM/87932083/mark.png
LITERAL ELEMENT ORANGE
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.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       JPG FILE(S) \\TICRS\EXPORT17\IMAGEOUT 17\879\320\87932083\xml4\ ROA0007.JPG
       ORIGINAL PDF FILE evi_651564542-20190325143803675384_._OA_Arguments.pdf
       CONVERTED PDF FILE(S)
       (5 pages)
\\TICRS\EXPORT17\IMAGEOUT17\879\320\87932083\xml4\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\879\320\87932083\xml4\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\879\320\87932083\xml4\ROA0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\879\320\87932083\xml4\ROA0005.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\879\320\87932083\xml4\ROA0006.JPG
DESCRIPTION OF EVIDENCE FILE Attached is a professional photograph of a cup intended to be sold by Applicant bearing the mark COCOA on its bottom in order to show goods of the same type in response to the Request for Information. Other than the writing on the bottom of the cup, the cup includes no other writing or ornamentation. Arguments are also attached.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 021
DESCRIPTION
Coffee mugs; coffee cups; Coffee services in the nature of tableware; Sets of tasting cups for experiencing different coffee flavor profiles; Tasting cups for experiencing specific coffee flavor profiles; Cups for detecting flavor notes in gourmet coffees; Cups for detecting flavor notes in specialty coffees; Cups for detecting flavor notes in coffees; Coffee services not of precious metal; Non-electric coffee dripper for brewing coffee; Non-electric coffee makers; Coffee grinders, hand-operated; Coffee filters not of paper being part of non-electric coffee makers
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 021
TRACKED TEXT DESCRIPTION
Coffee mugs; coffee cups; Coffee services in the nature of tableware; Sets of tasting cups for experiencing different coffee flavor profiles; Tasting cups for experiencing specific coffee flavor profiles; Cups for detecting flavor notes in gourmet coffees; Cups for detecting flavor notes in specialty coffees; Cups for detecting flavor notes in coffees; Coffee services not of precious metal; Non-electric coffee dripper for brewing coffee; Non-electric coffee makers; Coffee grinders, hand-operated; Coffee filters not of paper being part of non-electric coffee makers
FINAL DESCRIPTION Coffee mugs; coffee cups
FILING BASIS Section 1(b)
SIGNATURE SECTION
RESPONSE SIGNATURE /Brian Pollack/
SIGNATORY'S NAME Brian Pollack
SIGNATORY'S POSITION Attorney of Record
SIGNATORY'S PHONE NUMBER 6512592311
DATE SIGNED 03/25/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Mar 25 14:40:43 EDT 2019
TEAS STAMP USPTO/ROA-XX.XXX.XX.XX-20
190325144043866391-879320
83-6202176f1143da1bcbe685
78c62ce1802ce025b93471c44
53737e21c76eef46-N/A-N/A-
20190325143803675384



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)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 87932083 ORANGE(Standard Characters, see http://uspto.report/TM/87932083/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Attached is a professional photograph of a cup intended to be sold by Applicant bearing the mark COCOA on its bottom in order to show goods of the same type in response to the Request for Information. Other than the writing on the bottom of the cup, the cup includes no other writing or ornamentation. Arguments are also attached. has been attached.
JPG file(s):
Evidence-1
Original PDF file:
evi_651564542-20190325143803675384_._OA_Arguments.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Coffee mugs; coffee cups; Coffee services in the nature of tableware; Sets of tasting cups for experiencing different coffee flavor profiles; Tasting cups for experiencing specific coffee flavor profiles; Cups for detecting flavor notes in gourmet coffees; Cups for detecting flavor notes in specialty coffees; Cups for detecting flavor notes in coffees; Coffee services not of precious metal; Non-electric coffee dripper for brewing coffee; Non-electric coffee makers; Coffee grinders, hand-operated; Coffee filters not of paper being part of non-electric coffee makers
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage 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.

Proposed:
Tracked Text Description: Coffee mugs; coffee cups; Coffee services in the nature of tableware; Sets of tasting cups for experiencing different coffee flavor profiles; Tasting cups for experiencing specific coffee flavor profiles; Cups for detecting flavor notes in gourmet coffees; Cups for detecting flavor notes in specialty coffees; Cups for detecting flavor notes in coffees; Coffee services not of precious metal; Non-electric coffee dripper for brewing coffee; Non-electric coffee makers; Coffee grinders, hand-operated; Coffee filters not of paper being part of non-electric coffee makersClass 021 for Coffee mugs; coffee cups
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage 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.

SIGNATURE(S)
Response Signature
Signature: /Brian Pollack/     Date: 03/25/2019
Signatory's Name: Brian Pollack
Signatory's Position: Attorney of Record

Signatory's Phone Number: 6512592311

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: 87932083
Internet Transmission Date: Mon Mar 25 14:40:43 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20190325144043866
391-87932083-6202176f1143da1bcbe68578c62
ce1802ce025b93471c4453737e21c76eef46-N/A
-N/A-20190325143803675384


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