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)

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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 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88235768 ROLAND FLAT FILLETS OF ANCHOVIES IN OLIVE OIL WILD CAUGHT STORE UNDER 60°F ROTATE STOCK NET WT.28 OZ. (1LB. 12OZ.) 794G (Stylized and/or with Design, see http://uspto.report/TM/88235768/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: ROLAND FLAT FILLETS OF ANCHOVIES IN OLIVE OIL WILD CAUGHT STORE UNDER 60°F ROTATE STOCK NET WT.28 OZ. (1LB. 12OZ.) 794G (Stylized and/or with Design, see http://uspto.report/TM/88235768/mark.png)
Proposed: ROLAND FLAT FILLETS OF ANCHOVIES IN OLIVE OIL WILD CAUGHT STORE UNDER 60°F ROTATE STOCK NET WT.28 OZ. (1LB. 12OZ.) 794G (Stylized and/or with Design, see mark)
The color(s) yellow, red, silver and white is/are claimed as a feature of the mark.
The mark consists of The mark consists of a three-dimensional configuration of rectangular can with rounded edges. The front main label contains the colors red and yellow in a stripe pattern also including a silver pull tab, and the sides of the can contain stripes of red, yellow and red. The edges of the can are trimmed in the color white. The broken lines depicting the shape of the can container and the pull tab indicate placement of the mark on the goods and are not part of the mark. On the front main label, the top left portion shows the wording "STORE UNDER 60°F" stacked vertically in red, to the right of which is the word "ROLAND" in yellow, above "FLAT FILLETS OF ANCHOVIES" in red, above "IN OLIVE OIL" AND "WILD CAUGHT" stacked vertically, in yellow, below which is the wording "NET WT.28 OZ. (1LB. 12OZ.) 794G" appearing in yellow, which is to the right of the wording "ROTATE STOCK" stacked vertically to the left, in red.

ADDITIONAL STATEMENTS
Miscellaneous Statement
The Applicant agrees to amend the description of the mark to read as follows: The mark consists of a three-dimensional configuration of rectangular can with rounded edges. The front main label contains the colors red and yellow in a stripe pattern also including a silver pull tab, and the sides of the can contain stripes of red, yellow and red. The edges of the can are trimmed in the color white. The broken lines depicting the shape of the can container and the pull tab indicate placement of the mark on the goods and are not part of the mark. On the front main label, the top left portion shows the wording "STORE UNDER 60°F" stacked vertically in red, to the right of which is the word "ROLAND" in yellow, above "FLAT FILLETS OF ANCHOVIES" in red, above "IN OLIVE OIL" AND "WILD CAUGHT" stacked vertically, in yellow, below which is the wording "NET WT.28 OZ. (1LB. 12OZ.) 794G" appearing in yellow, which is to the right of the wording "ROTATE STOCK" stacked vertically to the left, in red.


SIGNATURE(S)
Response Signature
Signature: /kr/     Date: 10/21/2019
Signatory's Name: Kristen Ruisi
Signatory's Position: Attorney of Record

Signatory's Phone Number: 2125030559

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.

        
Serial Number: 88235768
Internet Transmission Date: Mon Oct 21 16:17:04 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201910211617049
19153-88235768-610fbd5aecaa5742a145fe378
d5606d34c338eaec46b55ace851a8b75e9f8aa-N
/A-N/A-20191021160740415812