Response to Office Action

SNOBOY FRESHNESS GUARANTEED

AMERIFRESH, 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 88289915
LAW OFFICE ASSIGNED LAW OFFICE 103
MARK SECTION (current)
MARK FILE NAME http://uspto.report/TM/88289915/mark.png
LITERAL ELEMENT SNOBOY FRESHNESS GUARANTEED
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
Color is not claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of a stylized illustration of a bust of a smiling snowman showing the image that includes head, shoulders and arms, with earmuffs worn on head, and arms outstretched providing background for display of text "SNOBOY" and centered below that text is the text "Freshness Guaranteed" bordered by lines on the top and bottom.
MARK SECTION (proposed)
MARK FILE NAME \\TICRS\EXPORT17\IMAGEOUT 17\882\899\88289915\xml6\ ROA0002.JPG
LITERAL ELEMENT SNOBOY FRESHNESS GUARANTEED
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR MARK NO
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of a stylized illustration of a bust of a smiling snowman showing the image that includes head, shoulders and arms, with earmuffs worn on head, and arms outstretched providing background for display of text "SNOBOY" and centered below that text is the text "Freshness Guaranteed" bordered by lines on the top and bottom.
PIXEL COUNT ACCEPTABLE NO
PIXEL COUNT 308 x 244
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use freshness guaranteed apart from the mark as shown.
MISCELLANEOUS STATEMENT In this Response to Office Action the term FRESHNESS GUARANTEED is disclaimed. The Office Action noted requirement of disclaimer for a different term cited, that is, FRESHNESS GUARANTEE. It is posited that the different term cited is merely a typo of the term disclaimed, given that the only difference is a missing letter D at the end of the different term cited. Accordingly, it is believed that the disclaimer made is the one required per this subject Office Action.
SIGNATURE SECTION
RESPONSE SIGNATURE /REBECCA NITTLE/
SIGNATORY'S NAME REBECCA NITTLE
SIGNATORY'S POSITION ATTORNEY OF RECORD, ARIZONA BAR MEMBER
SIGNATORY'S PHONE NUMBER 623.537.7771
DATE SIGNED 05/09/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu May 09 15:38:28 EDT 2019
TEAS STAMP USPTO/ROA-XX.XXX.XX.XXX-2
0190509153828057490-88289
915-620163a91fb6dac3cfbcd
928717a40fac65d73f031c274
41c8ae1fe24185ecf2d-N/A-N
/A-20190509150611044219



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. 88289915 SNOBOY FRESHNESS GUARANTEED (Stylized and/or with Design, see http://uspto.report/TM/88289915/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: SNOBOY FRESHNESS GUARANTEED (Stylized and/or with Design, see http://uspto.report/TM/88289915/mark.png)
Proposed: SNOBOY FRESHNESS GUARANTEED (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of a stylized illustration of a bust of a smiling snowman showing the image that includes head, shoulders and arms, with earmuffs worn on head, and arms outstretched providing background for display of text "SNOBOY" and centered below that text is the text "Freshness Guaranteed" bordered by lines on the top and bottom.

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


Miscellaneous Statement
In this Response to Office Action the term FRESHNESS GUARANTEED is disclaimed. The Office Action noted requirement of disclaimer for a different term cited, that is, FRESHNESS GUARANTEE. It is posited that the different term cited is merely a typo of the term disclaimed, given that the only difference is a missing letter D at the end of the different term cited. Accordingly, it is believed that the disclaimer made is the one required per this subject Office Action.


SIGNATURE(S)
Response Signature
Signature: /REBECCA NITTLE/     Date: 05/09/2019
Signatory's Name: REBECCA NITTLE
Signatory's Position: ATTORNEY OF RECORD, ARIZONA BAR MEMBER

Signatory's Phone Number: 623.537.7771

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: 88289915
Internet Transmission Date: Thu May 09 15:38:28 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019050915382805
7490-88289915-620163a91fb6dac3cfbcd92871
7a40fac65d73f031c27441c8ae1fe24185ecf2d-
N/A-N/A-20190509150611044219


Response to Office Action [image/jpeg]


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