NOTE TO THE FILE
SERIAL NUMBER: 88200060
DATE: 05/15/2019
NAME: coputa
NOTE:
Searched:
Lexis/Nexis
OneLook
Wikipedia
Acronym Finder Protest evidence reviewed
Other:Checked:
Geographic significance
Surname
Translation
ID with ID/CLASS mailboxChecked list of approved Canadian attorneys and agents
Discussed file with
Attorney/Applicant via:
phone Left message with
X email Attorney/ApplicantRequested Law Library search X Issued Examiner’s Amendment
for: and entered changes in TRADEUPSPRINT DO NOT PRINT Added design code in TRADEUPS
Description of the mark
Translation statement Re-imaged standard character
drawing
Negative translation statement
Consent of living individual Contacted TM MADRID ID/CLASS
about misclassified definite ID
Changed TRADEUPS to:From: Honore Arias [mailto:honore@sampath-law.com]
Sent: Wednesday, May 15, 2019 10:50 AM
To: Oputa, Chioma
Cc: Mark Sampath <mark@sampath-law.com>
Subject: Re: TM Application Serial No. 88200060 / Toro Y Scorpio / Ovum Wines
Yes, please amend the mark description by Examiner’s Amendment. Thank you.
On Wed, May 15, 2019 at 6:32 AM Oputa, Chioma wrote:
Hello Mr. Arias and Mr. Sampath, it looks like you inserted the amended mark description in the Specimen Description box. I can amend the mark description by Examiner’s Amendment, if you’d like. Please confirm that you would like to amend the mark description as follows:
The mark consists of a brown logo that has an egg-shaped design. The word “OVUM” is displayed in black at the top of the design. The word “OVUM“ has three, black, faded dots above it. The dots on each side of the center dot each connect to black straight lines. Below the word “OVUM”, at the center of the design, is the image of a black bull’s head with the image of a brown scorpion within the bull’s head. The wording “TORO Y SCORPIO” appears in black under the bull’s head and scorpion image. Under “TORO Y SCORPIO” is the wording “RIESLING” in black with two black dots on each side of the wording.
Thank you.
From: Honore Arias [mailto:honore@sampath-law.com]
Sent: Tuesday, May 14, 2019 2:13 PM
To: Oputa, Chioma
Cc: Mark Sampath <mark@sampath-law.com>
Subject: TM Application Serial No. 88200060 / Toro Y Scorpio / Ovum Wines
Hello Ms. Oputa:
Mark Sampath is the attorney of record for the application referenced in the title of this email. I am his associate at Sampath Law Group and I have Cc’d Mark on this email.
Yesterday we submitted a Response to the Office Action (ROA) letter we received for the above Serial No. 88200060. Upon submitting the response, I noticed that the quotation marks used in my original description were converted to question marks as displayed below. It appears as though this may be a formatting issue that caused the USPTO website to be unable to identify the quotation marks.
The mark consists of a brown logo that has an egg-shaped design. The word ?OVUM? is displayed in black at the top of the design. The word ?OVUM? has three, black, faded dots above it. The dots on each side of the center dot each connect to black straight lines. Below the word ?OVUM?, at the center of the design, is the image of a black bull?s head with the image of a brown scorpion within the bull?s head. The wording ?TORO Y SCORPIO? appears in black under the bull?s head and scorpion image. Under ?TORO Y SCORPIO? is the wording ?RIESLING? in black with two black dots on each side of the wording.
As such, I am resubmitting the proper above description to you in hopes that you can address this issue with the ROA.
A brown logo that has an egg-shaped design. The word “OVUM” is displayed in black at the top of the design. The word “OVUM“ has three, black, faded dots above it. The dots on each side of the center dot each connect to black straight lines. Below the word “OVUM”, at the center of the design, is the image of a black bull’s head with the image of a brown scorpion within the bull’s head. The wording “TORO Y SCORPIO” appears in black under the bull’s head and scorpion image. Under “TORO Y SCORPIO” is the wording “RIESLING” in black with two black dots on each side of the wording.
Please note that we already disclaimed and exclusive right to use the word “RIESLING” apart from the mark as shown. I have also attached the specimen we submitted in our ROA and would like to confirm that it satisfies the ROA requirements for a less blurry image.
Can you please me at 360-787-9200 or respond to this email addressing the above?
Thanks,
Honore
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Honore A. Arias
Attorney at Law
Direct: (360) 524-28202404 E Mill Plain Blvd, Suite A
Vancouver, WA 98661Main: (360) 787-9200
Fax: (360) 597-3808