NOTE TO THE FILE
Sent to TICRS as Serial Number: 88031962SERIAL NUMBER: 88099295
DATE: 11/05/2018
NAME: ahack
NOTE:
Discussed file with
Attorney/Applicant via:
X phone 10/31 X emailHello Ms. Hack,
Thank you for your assistance in this matter. As our clients are in France, and were observing a bank holiday last week, we believe we will receive instructions from them this week. Is it possible to request an extension for a few more days?
Best,
___________________
Palak Mayani Parikh
Associate
Arnold & Porter
250 West 55th Street | New York, New York 10019-9710
T: +1 212.836.7243 | F: +1 212.836.6640
Palak.Mayani@arnoldporter.com | www.arnoldporter.com
From: Hack, Andrea [mailto:Andrea.Hack@USPTO.GOV]
Sent: Friday, November 02, 2018 11:59 AM
To: Mayani, Palak
Subject: RE: TM Applications Owned by The Absolut Company Aktiebolag
Thanks for letting me know. My deadline on these is Monday, but if you email me early in the day on Monday letting me know that progress is being made, I can request an extension for a few more days.
Andrea
Andrea Hack
Trademark Examining Attorney
U.S. Patent & Trademark Office
Law Office 108
571-272-5413 (ph.)
andrea.hack@uspto.gov
From: Mayani, Palak [mailto:Palak.Mayani@arnoldporter.com]
Sent: Friday, November 02, 2018 11:24 AM
To: Hack, Andrea <Andrea.Hack@USPTO.GOV>; Ederer, Louis S. <Louis.Ederer@arnoldporter.com>
Cc: TrademarkDocketing <trademarkdocketing@arnoldporter.com>; Richards, Elisabeth <Elisabeth.Richards@arnoldporter.com>
Subject: RE: TM Applications Owned by The Absolut Company Aktiebolag
Hello Ms. Hack,
We are writing to inform you that we are discussing these proposed Examiner’s Amendments with our clients, and will revert back to you as soon as possible.
Best,
Palak
___________________
Palak Mayani Parikh
Associate
Arnold & Porter
250 West 55th Street | New York, New York 10019-9710
T: +1 212.836.7243 | F: +1 212.836.6640
Palak.Mayani@arnoldporter.com | www.arnoldporter.com
From: Hack, Andrea [mailto:Andrea.Hack@USPTO.GOV]
Sent: Wednesday, October 31, 2018 1:11 PM
To: Ederer, Louis S.; Mayani, Palak
Cc: TrademarkDocketing; Richards, Elisabeth
Subject: TM Applications Owned by The Absolut Company Aktiebolag
Louis,
As discussed earlier today, there are some minor issues with several trademark applications owned by The Absolut Company Aktiebolag that I can fix for you via examiner’s amendment.
1- “TROPICAL DROP” SN 88143770 requires a disclaimer of “TROPICAL”.
2- “KAHLUA” SN 88031962 requires some amendment to the color claim and mark description. The current mark description details both the color brown and the color dark brown, so dark brown must be added to the color claim. Additionally, I suggest the following amended mark description (amendments highlighted):
The mark consists of a rectangular label with a rounded top. The label has a gold border with a pattern in the interior of the label that has a dark green background. The pattern consists of lines, leaves, snowflakes, dots, and stars. The lines are shown in brown and green; the leaves are shown in green, blue and gold; the snowflakes and stars are shown in blue. The dots are shown in brown. Near the center bottom of the pattern is a diamond shape that has a gold border and then a green band with a gold leaf-like pattern. Inside the diamond is a brown background with two pieces of chocolate in dark brown with green mint leaves on top. Toward the upper portion of the label is the word KAHLÚA in stylized red lettering with a yellow and red border, all of which is superimposed over the design.
3- “KAHLUA” SN 88031970 also requires some minor changes to the mark description. I suggest the following:
The mark consists of a rectangular label with a rounded top. The label has a gold border with a pattern in the interior of the label that has a brown background. The pattern consists of
various shapes includinglines, flames, hearts, triangles, and peppers. The lines are shown in red and gold; the flames are shown in gold, green, and pink; the peppers are shown in green and pink. The hearts are shown in pink. The triangles are shown in red and gold. Near the bottom of the pattern is a diamond shape that has a gold border and then a brown band with a gold triangle pattern. Inside the diamond is green background with a shaved piece of brown chocolate next to a red pepper with a green stem. Toward the upper portion of the label is the word KAHLÚA in red lettering with a yellow and red border that is superimposed over the design.
4- “KAHLUA” SN 88032051 requires amendment to the mark description and color claim. White is described in the mark description but does not appear in the color claim. Also, the color claim describes a brown background and brown design elements appearing against the background. As this would mean design elements of the same color of the background, it isn’t quite accurate. We need to include a color that is somewhat different from the background. I suggest tan. Therefore, the color claim would add the colors white and tan. Also, I suggest the following amended mark description:
The mark consists of a rectangular label with a rounded top. The label has a gold border with a pattern in the interior of the label that has a brown background. The pattern consists of
various shapes includinglines, flowers, swirls, stars, and dotes. The lines are shown in cream, blue,browntan, and gold; flowers are shown in cream, tan, and gold; the swirls and dots are shown in gold, blue, and tan. The stars are in blue. Near the center bottom of the pattern is a diamond shape that has a gold border and then a brown band with a gold swirl pattern. Inside the diamond is a blue background with a vanilla flower in white, yellow, and orange with green leafsves on top of two dark brown vanilla beans. Toward the upper portion of the label is the word KAHLÚA in red lettering with a yellow and red border that is superimposed over the design.
5- “KAHLUA” SN 88032090 requires the following additions to the color claim: brown and light brown. I would also like to amend “blue/green” to “blue-green” as the forward slash suggests the color could be blue or green rather than a combination. Also, I suggest the following amended mark description:
The mark consists of a rectangular label with a rounded top. The label has a gold border with a pattern in the interior of the label that has a blue
/-green background. The pattern consists ofvariousshapes that are in the colors blue, orange, dark red, brown, and gold. Near the center bottom of the pattern is a diamond shape that has a gold border and then a blue/-green band with a gold pattern and gold dots. Inside the diamond is a brown background with a light brown caramel with white salt and then liquid light brown caramel pouring around the caramel. Toward the upper portion of the label is the word KAHLÚA in red lettering with a yellow and red border that is superimposed over the design.
6- The “JUICE EDITION” mark, SN 88099295 requires the following disclaimer: “JUICE EDITION STRAWBERRY MADE WITH SUPERB” and “VODKA STRAWBERRY JUICE & NATURAL FLAVOUR. I also need to know if the season names on the side of the mark are descriptive of when the goods are bottled or something else. It looks to me like this may be meant as a check-off area, checking the appropriate season. If so, the season names will have to be disclaimed as well. I’d like to amend the color claim so that “gray” is spelled the same in both the mark description and color claim. I suggest the following amended mark description:
The mark consists of a square white label design that is bordered by gray lines. The interior of the square contains black horizontal and vertical lines.
creating horizontal and vertical boxes of different sizes.The tophorizontal boxof the mark contains the words "JUICE EDITION" in grey lettering. Below thatis another box which containsappears the word "STRAWBERRY" in black lettering. Below thatis another box continuingappear the words "MADE WITH SUPERB ABSOLUT VODKA, STRAWBERRY JUICE & NATURAL FLAVOUR. INSPIRED BY THE LONG WARM DAYS OF THE SWEDISH SUMMER." in black lettering. Below the word "SUMMER" is a red lady bug with a black head and black dots on the body and is crawling on the line below. On the left side of the label is a strawberry vine that consists of: green leaves and green vines; four red strawberries with yellow and orange seeds; two white and gray flowers with yellow and orange centers and green leaves; a red lady bug with a black head and black dots on its body; and a black bee withyellow/orange and black strips andorange/yellow wings. On the right side of the label are four vertical white boxes, each of which contains one of the following seasons in black vertical lettering: "SPRING", "SUMMER", "AUTUMN", "WINTER". The words "SPRING", "AUTUMN" and WINTER" each have a black outline of a square box next to the word. The word "SUMMER" has a gray outline of a rectangle next to it. To the top left of the label are green leaves and a single red strawberry with yellow/and orange seeds.In the bottom horizontal box are two lines that run vertically.
I’d be happy to discuss these issues. Please let me know if you can accept these amendments. If so, I can enter them for you via examiner’s amendment and then approve the applications for publication.
Thanks,
Andrea
Andrea Hack
Trademark Examining Attorney
U.S. Patent & Trademark Office
Law Office 108
571-272-5413 (ph.)
andrea.hack@uspto.gov