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 |
88044599 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 120 |
| MARK SECTION (current) |
| MARK FILE NAME |
http://uspto.report/TM/88044599/mark.png |
| LITERAL ELEMENT |
FAMOSA LAGER BEER TRADICION Y ORGULLO DE GUATEMALA FAMOSA DESDE 1896 IMPORTED FROM GUATEMALA |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of The mark consists of a rooster head with shield at base of neck labeled "FAMOSA LAGER BEER", on a diagonally striped field
at the center of an oval with concentric rings. |
| MARK SECTION (proposed) |
| MARK FILE NAME |
\\TICRS\EXPORT17\IMAGEOUT 17\880\445\88044599\xml7\ ROA0002.JPG |
| LITERAL ELEMENT |
FAMOSA LAGER BEER TRADICION Y ORGULLO DE GUATEMALA FAMOSA DESDE 1896 IMPORTED FROM GUATEMALA |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
| COLOR MARK |
NO |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of a rooster head with shield at base of neck with the stylized wording "FAMOSA LAGER BEER", over a diagonally striped field
at the center of an oval with concentric oval rings. Above the rooster appears the wording "IMPORTED FROM GUATEMALA" underneath which appears the wording "TRADICION Y ORGULLO DE GUATEMALA". Under the
rooster appears the wording "FAMOSA DESDE 1896". |
| PIXEL COUNT ACCEPTABLE |
YES |
| PIXEL COUNT |
944 x 944 |
| ARGUMENT(S) |
| Please see the actual argument text attached within the Evidence section. |
| EVIDENCE SECTION |
| EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
evi_381247834-20181203130825926101_._CVC046USA_Response_and_Amendment.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\880\445\88044599\xml7\ROA0003.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\880\445\88044599\xml7\ROA0004.JPG |
| DESCRIPTION OF EVIDENCE FILE |
an Amendment and Response |
| ADDITIONAL STATEMENTS SECTION |
| DISCLAIMER |
No claim is made to the exclusive right to use "LAGER BEER", "FAMOSA DESDE 1896", and "IMPORTED FROM GUATEMALA" apart from the mark as
shown. |
| ACTIVE PRIOR REGISTRATION(S) |
The applicant claims ownership of active prior U.S. Registration Number(s) 4698213. |
| TRANSLATION |
The English translation of "FAMOSA" and "TRADICION Y ORGULLO DE GUATEMALA FAMOSA DESDE" in the mark is "FAMOUS" and "TRADITION AND PRIDE OF
GUATEMALA FAMOUS SINCE". |
| SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Active Prior Registration(s) |
FAMOSA has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark
for sufficiently similar goods/services of active U.S. Registration No(s). 4000205 and 4698213 |
| SIGNATURE SECTION |
| DECLARATION SIGNATURE |
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark
Rules of Practice. |
| RESPONSE SIGNATURE |
/Melissa S. Dillenbeck/ |
| SIGNATORY'S NAME |
Melissa S. Dillenbeck |
| SIGNATORY'S POSITION |
Attorney of record, Illinios bar member |
| SIGNATORY'S PHONE NUMBER |
312-569-1459 |
| DATE SIGNED |
12/04/2018 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Tue Dec 04 10:05:09 EST 2018 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XX-20
181204100509340827-880445
99-610c6cc9b9c37a2eff2451
183412f8722616e1f87c1783a
fbe2a78fe316bce84b9-N/A-N
/A-20181203130825926101 |
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.
88044599 FAMOSA LAGER BEER TRADICION Y ORGULLO DE GUATEMALA FAMOSA DESDE 1896 IMPORTED FROM GUATEMALA (Stylized and/or with Design, see
http://uspto.report/TM/88044599/mark.png) has been amended as follows:
MARK
Applicant proposes to amend the mark as follows:
Current: FAMOSA LAGER BEER TRADICION Y ORGULLO DE GUATEMALA FAMOSA DESDE 1896 IMPORTED FROM GUATEMALA (Stylized and/or with Design, see
http://uspto.report/TM/88044599/mark.png)
Proposed: FAMOSA LAGER BEER TRADICION Y ORGULLO DE GUATEMALA FAMOSA DESDE 1896 IMPORTED FROM GUATEMALA (Stylized and/or with Design, see
mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of a rooster head with shield at base of neck with the stylized wording "FAMOSA LAGER BEER", over a diagonally striped field at the center of an oval with concentric oval rings.
Above the rooster appears the wording "IMPORTED FROM GUATEMALA" underneath which appears the wording "TRADICION Y ORGULLO DE GUATEMALA". Under the rooster appears the wording "FAMOSA DESDE 1896".
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Please see the actual argument text attached within the Evidence section.
EVIDENCE
Evidence in the nature of an Amendment and Response has been attached.
Original PDF file:
evi_381247834-20181203130825926101_._CVC046USA_Response_and_Amendment.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "LAGER BEER", "FAMOSA DESDE 1896", and "IMPORTED FROM GUATEMALA" apart from the mark as shown.
Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4698213.
Translation
The English translation of "FAMOSA" and "TRADICION Y ORGULLO DE GUATEMALA FAMOSA DESDE" in the mark is "FAMOUS" and "TRADITION AND PRIDE OF GUATEMALA FAMOUS SINCE".
SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Active Prior Registration(s)
FAMOSA has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration
No(s). 4000205 and 4698213
SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the
Trademark Rules of Practice.
Response Signature
Signature: /Melissa S. Dillenbeck/ Date: 12/04/2018
Signatory's Name: Melissa S. Dillenbeck
Signatory's Position: Attorney of record, Illinios bar member
Signatory's Phone Number: 312-569-1459
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: 88044599
Internet Transmission Date: Tue Dec 04 10:05:09 EST 2018
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20181204100509340
827-88044599-610c6cc9b9c37a2eff245118341
2f8722616e1f87c1783afbe2a78fe316bce84b9-
N/A-N/A-20181203130825926101
