TEAS Request Reconsideration after FOA

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 1960 (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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 88146214 PULMO CALCIO(Standard Characters, see http://uspto.report/TM/88146214/mark.png) has been amended as follows:

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

The Examining Attorney asserts that the term PULMO is Spanish for LUNG. This is incorrect. Submitted herewith are print-outs from several Spanish dictionaries which show no entries for the term PULMO. If the Examining Attorney has any doubt, she should consult with the translations department of the US PTO. Because the term PULMO has no meaning in English, the refusal is clearly improper and the requirement for a translation is inappropriate.

EVIDENCE
Evidence has been attached: Searches for PULMO in Spanish-English dictionaries
Original PDF file:
evi_2601340c40023a0a05ec2 cbef1458-2020031720512099 6218_._pulmo_-_Diccionari o_Ingl_s-Espa_ol_WordRefe rence.com.pdf
Converted PDF file(s) ( 1 page) Evidence-1
Original PDF file:
evi_2601340c40023a0a05ec2 cbef1458-2020031720512099 6218_._ctionary___Diccion ario_Espa_ol-_ngles_-_Cam bridge_Dictionary.pdf
Converted PDF file(s) ( 4 pages) Evidence-1Evidence-2Evidence-3Evidence-4
Original PDF file:
evi_2601340c40023a0a05ec2 cbef1458-2020031720512099 6218_._Google_Translate.pdf
Converted PDF file(s) ( 1 page) Evidence-1
Original PDF file:
evi_2601340c40023a0a05ec2 cbef1458-2020031720512099 6218_._Pulmo___Spanish_Tr anslator.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: LABORATORIOS LOPEZ, S.A. DE C.V. a(n) sociedad anonima (sa de cv)), legally organized under the laws of El Salvador, having an address of

            Kilometro 5 1/2      Boulevard del Ejercito Nacional
      Soyapango,San Salvador,
      El Salvador

Proposed: LABORATORIOS LOPEZ, S.A. DE C.V., sociedad anonima (sa de cv)) legally organized under the laws of El Salvador, having an address of
      Kilometro 5 1/2
      Boulevard del Ejercito Nacional
      Soyapango,San Salvador,
      El Salvador
      Email Address: XXXX

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


Translation
The English translation of CALCIO in the mark is CALCIUM.


The owner's/holder's current attorney information: James R Menker. James R Menker of HOLLEY & MENKER, PA, is located at

      PO BOX 331937
      ATLANTIC BEACH, Florida 32233
      United States
The docket/reference number is 1575.0035.
      The phone number is 904-247-2620.
      The fax number is 2022801177.
      The email address is eastdocket@holleymenker.com

The owner's/holder's proposed attorney information: James R Menker. Other appointed attorneys are Gabrielle A. Holley; Ryan S. Hilbert; and Amy C. Menker. James R Menker of Holley & Menker, PA, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      PO Box 331937
      Atlantic Beach, Florida 32233
      United States
The docket/reference number is 1575.0035.
      The phone number is 904-247-2620.
      The fax number is 2022801177.
      The email address is eastdocket@holleymenker.com

James R Menker submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      JAMES R MENKER
      PRIMARY EMAIL FOR CORRESPONDENCE: eastdocket@holleymenker.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 1575.0035.
Correspondence Information (proposed):
      James R Menker
      PRIMARY EMAIL FOR CORRESPONDENCE: eastdocket@holleymenker.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 1575.0035.

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)
Request for Reconsideration Signature
Signature: /jmenker/     Date: 03/17/2020
Signatory's Name: James R Menker
Signatory's Position: Attorney of record, Florida bar member

Signatory's Phone Number: 9042472620

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    JAMES R MENKER
   HOLLEY & MENKER, PA
   
   PO BOX 331937
   ATLANTIC BEACH, Florida 32233
Mailing Address:    James R Menker
   Holley & Menker, PA
   PO Box 331937
   Atlantic Beach, Florida 32233
        
Serial Number: 88146214
Internet Transmission Date: Tue Mar 17 21:11:21 ET 2020
TEAS Stamp: USPTO/RFR-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
X:XXXX-20200317211121511350-88146214-710
95f52e86a761d7f3b788a9a6935a14922ba442b2
56cb12dad4a5606bcfa-N/A-N/A-202003172051
20996218