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)

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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 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88137960 TAMPICO IRRESISTIBLE (Stylized and/or with Design, see http://uspto.report/TM/88137960/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: TAMPICO IRRESISTIBLE (Stylized and/or with Design, see http://uspto.report/TM/88137960/mark.png)
Proposed: TAMPICO IRRESISTIBLE (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of TAMPICO in a stylized font with the "O" comprised of a smiley face, and the depiction of a splash extending over the letters "M", "P", "I" and "C", and the word IRRESISTIBLE in a stylized font positioned underneath the letters "A" and "M".

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

The resolution of the drawing page, as amended, is the same as the resolution for the drawing page for US Application Serial No. 87/870760 for the same mark, which was accepted by the USPTO. The USPTO does not provide any space to submit comments when submitting new drawings, so we are providing this information in the Arguments section.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 030 for Gelatins
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: Gelatins; Flavored and sweetened gelatinsClass 030 for Flavored and sweetened gelatins
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.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
CHRISTINA L. MARTINI
MCDERMOTT WILL & EMERY LLP
444 WEST LAKE STREET, SUITE 4000
CHICAGO
Illinois
US
60606-0029

Proposed:
CHRISTINA L. MARTINI of MCDERMOTT WILL & EMERY LLP, having an address of
444 WEST LAKE STREET, SUITE 4000 CHICAGO, Illinois 60606-0029
United States
ipdocketmwe@mwe.com;cmartini@mwe.com;ktabor@mwe.com;lgrabowski@mwe.com;ipdocketChicago@mwe.com
312-372-2000
312-984-7700
The docket/reference number is 106253-0810 .



SIGNATURE(S)
Response Signature
Signature: /CL Martini/     Date: 02/25/2019
Signatory's Name: Christina L. Martini
Signatory's Position: Attorney of record, Illinois bar member

Signatory's Phone Number: (312) 984-7725

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.

Mailing Address:    CHRISTINA L. MARTINI
   MCDERMOTT WILL & EMERY LLP
   444 WEST LAKE STREET, SUITE 4000
   CHICAGO, Illinois 60606-0029
        
Serial Number: 88137960
Internet Transmission Date: Mon Feb 25 15:40:45 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019022515404570
7131-88137960-62091e394ff587d782f9a6604d
43f1fc8330ab5f88968fc029ec7b70be17e641-N
/A-N/A-20190225150909720936