Response to Office Action

OVUM PACIFIC OCEAN OFF THE GRID RIESLING

Ovum Wines LLC

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 88206012
LAW OFFICE ASSIGNED LAW OFFICE 103
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88206012/mark.png
LITERAL ELEMENT OVUM PACIFIC OCEAN OFF THE GRID RIESLING
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
The color(s) brown and black is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of a logo that has an egg-shaped or oval design. The word "OVUM" is displayed at the top of the design. Throughout the design is an image of an antique or rustic map loosely intended to resemble the Pacific Northwest of the United States, and containing images of mountains, trees, and rivers. The design contains vertical and lateral lines throughout the image intended to resemble a grid-like pattern. On the left-hand side of the design is an image of the Pacific Coast, and the words "Pacific Ocean" are written on the left-hand side of the design. The lower portion of the design contains the words "off the grid" in cursive font, which appear to be streaming from the image of a river. The word "Riesling" is written in cursive font and located directly under the words "off the grid." At the base of the egg-shaped design, on the bottom, left-hand side is an image of the letter "X" within a circle.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 033
DESCRIPTION Wine
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 09/27/2016
        FIRST USE IN COMMERCE DATE At least as early as 09/27/2016
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 033
DESCRIPTION Wine
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 09/27/2016
       FIRST USE IN COMMERCE DATE At least as early as 09/27/2016
       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)
       ORIGINAL PDF FILE SPU0-6716821656-20190403160504495786_._rid__Used_in_Commerce__Screen_Shot_2019-04-03_at_12.59.20_PM.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT17\IMAGEOUT17\882\060\88206012\xml6\ROA0002.JPG
       SPECIMEN DESCRIPTION Specimen of the product advertised for sale on the www.northwest-wine.com website. The specimen may be specifically found at: http://northwest-wine.com/products/ovum-off-the-grid-riesling-2017 variant=6070576193
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use RIESLING apart from the mark as shown.
COLOR(S) CLAIMED
(If applicable)
The color(s) brown and black is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of a brown logo that has an egg-shaped or oval design. The word "OVUM" is displayed in black at the top of the design. Throughout the design is a brown and black stylized image of the Pacific Northwest of the United States containing images of brown mountains outlined in black with black shading, black trees, and black rivers. The design contains black vertical and horizontal lines forming a grid-like pattern. A series of black, stylized, vertical lines appear on the left-hand side of the design to delineate the Pacific Coast. To the left of the stylized vertical lines are the words "PACIFIC OCEAN" in black. The wording "OFF THE GRID" appears in black stylized font at the bottom of the design. Underneath "OFF THE GRID" is the stylized, black, wording "REISLING". An image of a black letter "X" appears within a black circle at the bottom left-hand side of the design.
SIGNATURE SECTION
DECLARATION SIGNATURE /Mark Sampath/
SIGNATORY'S NAME Mark Sampath
SIGNATORY'S POSITION attorney of record, Washington and Oregon state bar member
SIGNATORY'S PHONE NUMBER 3605973514
DATE SIGNED 04/03/2019
RESPONSE SIGNATURE /Mark Sampath/
SIGNATORY'S NAME Mark Sampath
SIGNATORY'S POSITION attorney of record, Washington and Oregon state bar member
SIGNATORY'S PHONE NUMBER 3605973514
DATE SIGNED 04/03/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Apr 03 16:37:48 EDT 2019
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XX-2
0190403163748784229-88206
012-62046fe57c8f448b2864f
22a622447a86e8540153e439f
3373e51634b4662ec-N/A-N/A
-20190403160504495786



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. 88206012 OVUM PACIFIC OCEAN OFF THE GRID RIESLING (Stylized and/or with Design, see http://uspto.report/TM/88206012/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 033 for Wine
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/27/2016 and first used in commerce at least as early as 09/27/2016 , and is now in use in such commerce.

Proposed: Class 033 for Wine
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/27/2016 and first used in commerce at least as early as 09/27/2016 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 033 . The specimen(s) submitted consists of Specimen of the product advertised for sale on the www.northwest-wine.com website. The specimen may be specifically found at: http://northwest-wine.com/products/ovum-off-the-grid-riesling-2017 variant=6070576193 .
"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].
Original PDF file:
SPU0-6716821656-20190403160504495786_._rid__Used_in_Commerce__Screen_Shot_2019-04-03_at_12.59.20_PM.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

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


Color Claim
The color(s) brown and black is/are claimed as a feature of the mark.

Description of mark
The mark consists of a brown logo that has an egg-shaped or oval design. The word "OVUM" is displayed in black at the top of the design. Throughout the design is a brown and black stylized image of the Pacific Northwest of the United States containing images of brown mountains outlined in black with black shading, black trees, and black rivers. The design contains black vertical and horizontal lines forming a grid-like pattern. A series of black, stylized, vertical lines appear on the left-hand side of the design to delineate the Pacific Coast. To the left of the stylized vertical lines are the words "PACIFIC OCEAN" in black. The wording "OFF THE GRID" appears in black stylized font at the bottom of the design. Underneath "OFF THE GRID" is the stylized, black, wording "REISLING". An image of a black letter "X" appears within a black circle at the bottom left-hand side of the design.

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: /Mark Sampath/      Date: 04/03/2019
Signatory's Name: Mark Sampath
Signatory's Position: attorney of record, Washington and Oregon state bar member
Signatory's Phone Number: 3605973514


Response Signature
Signature: /Mark Sampath/     Date: 04/03/2019
Signatory's Name: Mark Sampath
Signatory's Position: attorney of record, Washington and Oregon state bar member

Signatory's Phone Number: 3605973514

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.

        
Serial Number: 88206012
Internet Transmission Date: Wed Apr 03 16:37:48 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019040316374878
4229-88206012-62046fe57c8f448b2864f22a62
2447a86e8540153e439f3373e51634b4662ec-N/
A-N/A-20190403160504495786


Response to Office Action [image/jpeg]


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