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 |
88141255 |
LAW OFFICE ASSIGNED |
LAW OFFICE 117 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88141255/mark.png |
LITERAL ELEMENT |
KINO |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
OWNER SECTION (current) |
NAME |
Productos Pesqueros Kino S.A. de C.V. |
MAILING ADDRESS |
Conocide S/N |
CITY |
Angostura, Sinaloa |
ZIP/POSTAL CODE |
81624 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Mexico |
OWNER SECTION (proposed) |
NAME |
Productos Pesqueros Kino S.A. de C.V. |
MAILING ADDRESS |
Conocide S/N |
CITY |
Angostura, Sinaloa |
ZIP/POSTAL CODE |
81624 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
Mexico |
EMAIL |
XXXX |
GOODS AND/OR SERVICES SECTION (029) (current) |
INTERNATIONAL CLASS |
029 |
DESCRIPTION |
Frozen seafood, cooked seafood; Processed value added seafood |
FIRST USE ANYWHERE DATE |
At least as early as 01/01/2017 |
FIRST USE IN COMMERCE DATE |
At least as early as 03/01/2019 |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (029) (proposed) |
INTERNATIONAL CLASS |
029 |
DESCRIPTION |
Frozen seafood, cooked seafood; Processed value added seafood |
FIRST USE ANYWHERE DATE |
At least as early as 01/01/2017 |
FIRST USE IN COMMERCE DATE |
At least as early as 03/01/2019 |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (035) (current) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
Wholesale store and retail store services all featuring frozen, cooked and processed value added seafood |
FIRST USE ANYWHERE DATE |
At least as early as 01/01/2017 |
FIRST USE IN COMMERCE DATE |
At least as early as 03/01/2019 |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (035) (proposed) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
Wholesale store and retail store services all featuring frozen, cooked and processed value added seafood |
FIRST USE ANYWHERE DATE |
At least as early as 01/01/2017 |
FIRST USE IN COMMERCE DATE |
At least as early as 03/01/2019 |
STATEMENT TYPE |
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing
date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in
commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b)
Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an
illegible specimen]. |
SPECIMEN FILE NAME(S) |
JPG FILE(S) |
\\TICRS\EXPORT18\IMAGEOUT 18\881\412\88141255\xml1 \ ROA0002.JPG |
ORIGINAL PDF FILE |
SPU1-2071379110-202007081 44918764340_._2020-0807_S
pecimen_035_and_039.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT18\IMAGEOUT 18\881\412\88141255\xml1\ ROA0003.JPG |
SPECIMEN DESCRIPTION |
Boxes containing applicant's frozen seafood, packed for retail and wholesale. The boxes indicate the physical location of the store and phone
number to place orders. Applicant's price list for wholesale and retail. |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (039) (current) |
INTERNATIONAL CLASS |
039 |
DESCRIPTION |
Distribution services, namely, delivery of frozen, cooked and processed value added seafood |
FIRST USE ANYWHERE DATE |
At least as early as 01/01/2017 |
FIRST USE IN COMMERCE DATE |
At least as early as 03/01/2019 |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (039) (proposed) |
INTERNATIONAL CLASS |
039 |
DESCRIPTION |
Distribution services, namely, delivery of frozen, cooked and processed value added seafood |
FIRST USE ANYWHERE DATE |
At least as early as 01/01/2017 |
FIRST USE IN COMMERCE DATE |
At least as early as 03/01/2019 |
STATEMENT TYPE |
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing
date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in
commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b)
Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an
illegible specimen]. |
SPECIMEN FILE NAME(S) |
JPG FILE(S) |
\\TICRS\EXPORT18\IMAGEOUT 18\881\412\88141255\xml1 \ ROA0004.JPG |
ORIGINAL PDF FILE |
SPU2-2071379110-202007081 44918764340_._2020-0807_S
pecimen_035_and_039.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT18\IMAGEOUT 18\881\412\88141255\xml1\ ROA0005.JPG |
SPECIMEN DESCRIPTION |
Boxes containing applicant's frozen seafood, packed for distribution. The boxes indicate the physical location of the store and phone number
to place orders. Applicant's price list for products distribution. |
FILING BASIS |
Section 1(b) |
CORRESPONDENCE INFORMATION (current) |
NAME |
MARIA JOHNSON |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
maria@denovopc.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Maria Johnson |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
maria@denovopc.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
raisa@denovopc.com |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Maria Johnson/ |
SIGNATORY'S NAME |
Maria Johnson |
SIGNATORY'S POSITION |
Attorney of Record, California Bar Member |
SIGNATORY'S PHONE NUMBER |
8589648217 |
DATE SIGNED |
07/09/2020 |
RESPONSE SIGNATURE |
/Maria Johnson/ |
SIGNATORY'S NAME |
Maria Johnson |
SIGNATORY'S POSITION |
Attorney of Record, California Bar Member |
SIGNATORY'S PHONE NUMBER |
8589648217 |
DATE SIGNED |
07/09/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Jul 09 19:23:23 ET 2020 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.X.XXX-2
0200709192323184453-88141
255-71092e09f1cc0f8eb5428
2e40e6283bb220fcaacb50be7
5fa30691f2411989fcc47-N/A
-N/A-20200709192159852741 |
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.
88141255 KINO (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8814125 5/large) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 029 for Frozen seafood, cooked seafood; Processed value added seafood
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.
In International Class 029, the mark was first used at least as early as 01/01/2017 and first used in commerce at least as early as 03/01/2019.
Proposed:
Class 029 for Frozen seafood, cooked seafood; Processed value added seafood
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.
In International Class 029, the mark was first used at least as early as 01/01/2017 . and first used in commerce at least as early as 03/01/2019 .
Applicant proposes to amend the following:
Current:
Class 035 for Wholesale store and retail store services all featuring frozen, cooked and processed value added seafood
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.
In International Class 035, the mark was first used at least as early as 01/01/2017 and first used in commerce at least as early as 03/01/2019.
Proposed:
Class 035 for Wholesale store and retail store services all featuring frozen, cooked and processed value added seafood
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.
In International Class 035, the mark was first used at least as early as 01/01/2017 . and first used in commerce at least as early as 03/01/2019 .
Applicant hereby submits one(or more) specimen(s) for Class 035. The specimen(s) submitted consists of Boxes containing applicant's frozen seafood, packed for retail and wholesale. The boxes indicate
the physical location of the store and phone number to place orders. Applicant's price list for wholesale and retail..
"
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based
on Section 1(a), Use in Commerce] OR "
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to
Allege Use or expiration of the filing deadline for filing a Statement of Use"
[for an application based on Section 1(b) Intent-to-Use].
OR "The attached specimen is a true copy
of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
JPG file(s):Specimen File1
Original PDF file:
SPU1-2071379110-202007081
44918764340_._2020-0807_S pecimen_035_and_039.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Applicant proposes to amend the following:
Current:
Class 039 for Distribution services, namely, delivery of frozen, cooked and processed value added seafood
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.
In International Class 039, the mark was first used at least as early as 01/01/2017 and first used in commerce at least as early as 03/01/2019.
Proposed:
Class 039 for Distribution services, namely, delivery of frozen, cooked and processed value added seafood
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.
In International Class 039, the mark was first used at least as early as 01/01/2017 . and first used in commerce at least as early as 03/01/2019 .
Applicant hereby submits one(or more) specimen(s) for Class 039. The specimen(s) submitted consists of Boxes containing applicant's frozen seafood, packed for distribution. The boxes indicate the
physical location of the store and phone number to place orders. Applicant's price list for products distribution..
"
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based
on Section 1(a), Use in Commerce] OR "
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to
Allege Use or expiration of the filing deadline for filing a Statement of Use"
[for an application based on Section 1(b) Intent-to-Use].
OR "The attached specimen is a true copy
of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
JPG file(s):Specimen File1
Original PDF file:
SPU2-2071379110-202007081
44918764340_._2020-0807_S pecimen_035_and_039.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Productos Pesqueros Kino S.A. de C.V. a(n) sociedad anonima (sa de cv)), legally organized under the laws of Mexico, having an address of
Conocide S/N
Angostura, Sinaloa, 81624
Mexico
Proposed: Productos Pesqueros Kino S.A. de C.V., sociedad anonima (sa de cv)) legally organized under the laws of Mexico, having an address of
Conocide S/N
Angostura, Sinaloa, 81624
Mexico
Email Address: XXXX
Correspondence Information (current):
MARIA JOHNSON
PRIMARY EMAIL FOR CORRESPONDENCE: maria@denovopc.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
Maria Johnson
PRIMARY EMAIL FOR CORRESPONDENCE: maria@denovopc.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): raisa@denovopc.com
Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all
official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).
SIGNATURE(S)
Declaration Signature
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful
false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or
allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this
submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally
believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in
connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of
the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective
membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over
the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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.
To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either
in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion
or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C.
§§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark
application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the
mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or
certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention,
and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of
the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other
persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be
likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
Signature: /Maria Johnson/ Date: 07/09/2020
Signatory's Name: Maria Johnson
Signatory's Position: Attorney of Record, California Bar Member
Signatory's Phone Number: 8589648217
Response Signature
Signature: /Maria Johnson/ Date: 07/09/2020
Signatory's Name: Maria Johnson
Signatory's Position: Attorney of Record, California Bar Member
Signatory's Phone Number: 8589648217
The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and
any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed
revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter;
or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.
Mailing Address: MARIA JOHNSON
DE NOVO LEGAL, PC
2055 CORTE DEL NOGAL
CARLSBAD, California 92011
Mailing Address: Maria Johnson
DE NOVO LEGAL, PC
2055 CORTE DEL NOGAL
CARLSBAD, California 92011
Serial Number: 88141255
Internet Transmission Date: Thu Jul 09 19:23:23 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.X.XXX-2020070919232318
4453-88141255-71092e09f1cc0f8eb54282e40e
6283bb220fcaacb50be75fa30691f2411989fcc4
7-N/A-N/A-20200709192159852741