Response to Office Action

BAN SO REI CHA

Kabushiki Kaisha Yakult Honsha

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 88144683
LAW OFFICE ASSIGNED LAW OFFICE 106
MARK SECTION
MARK http://uspto.report/TM/88144683/mark.png
LITERAL ELEMENT BAN SO REI CHA
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.
ARGUMENT(S)

Applicant is grateful for the Examining Attorney’s letter dated November 16, 2018 and the Office Action and submits a response thereto.

 

In line with the Examining Attorney’s suggestion, Applicant respectfully requests to add mark’s translation statement as set forth:

The English translation of “CHA” in the mark is “tea” and the wording “BAN SO REI” has no meaning in a foreign language.

In addition, in compliance with the Examining Attorney’s request, Applicant respectfully agrees to add  a disclaimer of “CHA” apart from the mark as shown.

Finally, Applicant respectfully agrees to an additional processing fee of $125 because the application as filed did not meet the TEAS Plus application filing requirements and should therefore be construed a TEAS RF application.

In view of the above, favourable outcome of examination and passage of application to publication are respectfully requested.  If any additional information or clarifications are required, the Examining Attorney is respectfully requested to contact the undersigned, in particular if such matter can be resolved in an Examiner’s Amendment.

ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use "CHA" apart from the mark as shown.
TRANSLATION The English translation of "CHA" in the mark is "tea". The wording "BAN SO REI" has no meaning in a foreign language.
PAYMENT SECTION
NUMBER OF CLASSES 1
FEE FOR FAILURE TO SATISFY TEAS PLUS OR TEAS RF REQUIREMENTS 125
TOTAL FEES DUE 125
SIGNATURE SECTION
RESPONSE SIGNATURE /Max Vern/
SIGNATORY'S NAME Max Vern
SIGNATORY'S POSITION Attorney of Record, NY Bar Member
SIGNATORY'S PHONE NUMBER (212) 336-8000
DATE SIGNED 12/12/2018
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Dec 12 14:45:34 EST 2018
TEAS STAMP USPTO/ROA-XXX.XXX.XXX.XXX
-20181212144534760488-881
44683-6107f26a0bf55edf3d8
31dcf5b2d6c7333819ae67672
5410a03b31c1cfc6d52a8-DA-
1174-20181212143943544798



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. 88144683 BAN SO REI CHA(Standard Characters, see http://uspto.report/TM/88144683/mark.png) has been amended as follows:

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

Applicant is grateful for the Examining Attorney’s letter dated November 16, 2018 and the Office Action and submits a response thereto.

 

In line with the Examining Attorney’s suggestion, Applicant respectfully requests to add mark’s translation statement as set forth:

The English translation of “CHA” in the mark is “tea” and the wording “BAN SO REI” has no meaning in a foreign language.

In addition, in compliance with the Examining Attorney’s request, Applicant respectfully agrees to add  a disclaimer of “CHA” apart from the mark as shown.

Finally, Applicant respectfully agrees to an additional processing fee of $125 because the application as filed did not meet the TEAS Plus application filing requirements and should therefore be construed a TEAS RF application.

In view of the above, favourable outcome of examination and passage of application to publication are respectfully requested.  If any additional information or clarifications are required, the Examining Attorney is respectfully requested to contact the undersigned, in particular if such matter can be resolved in an Examiner’s Amendment.



ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "CHA" apart from the mark as shown.


Translation
The English translation of "CHA" in the mark is "tea". The wording "BAN SO REI" has no meaning in a foreign language.


FEE(S)
Fee(s) in the amount of $125 is being submitted.

SIGNATURE(S)
Response Signature
Signature: /Max Vern/     Date: 12/12/2018
Signatory's Name: Max Vern
Signatory's Position: Attorney of Record, NY Bar Member

Signatory's Phone Number: (212) 336-8000

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.

        
RAM Sale Number: 88144683
RAM Accounting Date: 12/13/2018
        
Serial Number: 88144683
Internet Transmission Date: Wed Dec 12 14:45:34 EST 2018
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20181212144534
760488-88144683-6107f26a0bf55edf3d831dcf
5b2d6c7333819ae676725410a03b31c1cfc6d52a
8-DA-1174-20181212143943544798


Response to Office Action [image/jpeg]


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