Response to Office Action

MAYA

DUBAFRESH COMERCIALIZADORA, S. DE R.L. DE C.V

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 88169289
LAW OFFICE ASSIGNED LAW OFFICE 114
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88169289/mark.png
LITERAL ELEMENT MAYA
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
ARGUMENT(S)
My trademark is MAYA with very distintive desing so, this is the first visual element to distintive by other trademarks, the second point is that the word MAYA is to identify some mexican origin of the trademark in a very mexican product avocado. The avocado is a fresh fruit, and is totally different to the other products that the mark with likehood confusion protect, in this order of ideas, the trademark MAYA to avocados, the unique likehood confusion is because the avocado and berries are fruits, but if you analys the trademark application in your totallity and the different elements like one trademark you can look that the marks have a lot differents between they. Our trademark has colors and the desing is very original in comparision to the other trademarks in a commerce by the same or similar products, that is the most important. Maybe the desing can be protect in stay off the word MAYA, in my opinion the trademark MAYA is very descriptive, no one of the trademarks with word MAYA can be register in order to legal point, in this case the word MAYA is a generic so you can register the trademark with the reserve word maya because describe the origin of the avocados.
ATTORNEY SECTION (new)
NAME MARIO GALLARDO PRECIADO
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
STREET COYUL 2215
CITY GUADALAJARA
POSTAL CODE 44530
COUNTRY Mexico
EMAIL kplegal@gmail.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (current)
NAME MARIO GALLARDO PRECIADO
STREET COYUL NO. 2215, COMERCIAL ABASTOS
CITY GUADALAJARA
POSTAL CODE 44530
COUNTRY MX
EMAIL kplegal@gmail.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (proposed)
NAME MARIO GALLARDO PRECIADO
STREET COYUL 2215
CITY GUADALAJARA
POSTAL CODE 44530
COUNTRY Mexico
EMAIL kplegal@gmail.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
SIGNATURE SECTION
RESPONSE SIGNATURE /MARIO GALLARDO PRECIADO/
SIGNATORY'S NAME MARIO GALLARDO PRECIADO
SIGNATORY'S POSITION Corporate officer
DATE SIGNED 02/05/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Feb 05 21:29:47 EST 2020
TEAS STAMP USPTO/ROA-XXX.XXX.XX.XXX-
20200205212947262396-8816
9289-700d124f14c381d14ab3
425511b642b3590357932e78d
f302068b58028aab1acb2-N/A
-N/A-20200205211401796977



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. 88169289 MAYA (Stylized and/or with Design, see http://uspto.report/TM/88169289/mark.png) has been amended as follows:

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

My trademark is MAYA with very distintive desing so, this is the first visual element to distintive by other trademarks, the second point is that the word MAYA is to identify some mexican origin of the trademark in a very mexican product avocado. The avocado is a fresh fruit, and is totally different to the other products that the mark with likehood confusion protect, in this order of ideas, the trademark MAYA to avocados, the unique likehood confusion is because the avocado and berries are fruits, but if you analys the trademark application in your totallity and the different elements like one trademark you can look that the marks have a lot differents between they. Our trademark has colors and the desing is very original in comparision to the other trademarks in a commerce by the same or similar products, that is the most important. Maybe the desing can be protect in stay off the word MAYA, in my opinion the trademark MAYA is very descriptive, no one of the trademarks with word MAYA can be register in order to legal point, in this case the word MAYA is a generic so you can register the trademark with the reserve word maya because describe the origin of the avocados.

The applicant hereby appoints MARIO GALLARDO PRECIADO. MARIO GALLARDO PRECIADO, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      COYUL 2215
      GUADALAJARA, 44530
      Mexico
to submit this Response to Office Action Form on behalf of the applicant.

The email address is kplegal@gmail.com

MARIO GALLARDO PRECIADO 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.
The applicant's current correspondence information: MARIO GALLARDO PRECIADO. MARIO GALLARDO PRECIADO, is located at

      COYUL NO. 2215, COMERCIAL ABASTOS
      GUADALAJARA, 44530
      MX

The email address is kplegal@gmail.com

The applicants proposed correspondence information: MARIO GALLARDO PRECIADO. MARIO GALLARDO PRECIADO, is located at

      COYUL 2215
      GUADALAJARA, 44530
      Mexico

The email address is kplegal@gmail.com

SIGNATURE(S)
Response Signature
Signature: /MARIO GALLARDO PRECIADO/     Date: 02/05/2020
Signatory's Name: MARIO GALLARDO PRECIADO
Signatory's Position: Corporate officer

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

Mailing Address:    MARIO GALLARDO PRECIADO
   
   
   COYUL NO. 2215, COMERCIAL ABASTOS
   GUADALAJARA, 44530
Mailing Address:    MARIO GALLARDO PRECIADO
   COYUL 2215
   GUADALAJARA, 44530
        
Serial Number: 88169289
Internet Transmission Date: Wed Feb 05 21:29:47 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-202002052129472
62396-88169289-700d124f14c381d14ab342551
1b642b3590357932e78df302068b58028aab1acb
2-N/A-N/A-20200205211401796977



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