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 |
88314738 |
LAW OFFICE ASSIGNED |
LAW OFFICE 110 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88314738/mark.png |
LITERAL ELEMENT |
MARVEL |
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 lozenge shape with the term MARVEL at the center and outlined by two additional lozenge shapes. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
011 |
DESCRIPTION |
refrigeration units; refrigerators; freezers; wine coolers, namely, refrigerated cabinets containing racks for wine bottles and storage
shelves; ice machines; beer dispensers, namely, refrigerated cabinets for the storage and dispensing of beer kegs |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 12/31/2004 |
FIRST USE IN COMMERCE DATE |
At least as early as 12/31/2004 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
011 |
DESCRIPTION |
refrigeration units; refrigerators; freezers; wine coolers, namely, refrigerated cabinets containing racks for wine bottles and storage
shelves; ice machines; beer dispensers, namely, refrigerated cabinets for the storage and dispensing of beer kegs |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 12/31/2004 |
FIRST USE IN COMMERCE DATE |
At least as early as 12/31/2004 |
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 |
SPU0-3898152171-20190517122155172230_._MARVEL.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\883\147\88314738\xml5\ROA0002.JPG |
SPECIMEN DESCRIPTION |
mark shown on product |
ADDITIONAL STATEMENTS SECTION |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of an outlined rectangular design with four concave sides, with the word "MARVEL" at the center. |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark
Rules of Practice. |
RESPONSE SIGNATURE |
/Susan H. Frohling/ |
SIGNATORY'S NAME |
Susan |
SIGNATORY'S POSITION |
Attorney of Record |
SIGNATORY'S PHONE NUMBER |
312-321-4200 |
DATE SIGNED |
05/17/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri May 17 12:33:57 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XXX-2
0190517123357553648-88314
738-62021c24a1e046cdf4d8f
95788fa0317de0516dd756ebf
2813d8b72127abb6a96-N/A-N
/A-20190517122155172230 |
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.
88314738 MARVEL (Stylized and/or with Design, see http://uspto.report/TM/88314738/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 011 for refrigeration units; refrigerators; freezers; wine coolers, namely, refrigerated cabinets containing racks for wine bottles and storage shelves; ice machines; beer
dispensers, namely, refrigerated cabinets for the storage and dispensing of beer kegs
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 12/31/2004 and first used in commerce at least as early as 12/31/2004 , and
is now in use in such commerce.
Proposed: Class 011 for refrigeration units; refrigerators; freezers; wine coolers, namely, refrigerated cabinets containing racks for wine bottles and storage shelves; ice machines; beer
dispensers, namely, refrigerated cabinets for the storage and dispensing of beer kegs
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 12/31/2004 and first used in commerce at least as early as 12/31/2004 , and
is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 011 . The specimen(s) submitted consists of mark shown on product .
"
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:
SPU0-3898152171-20190517122155172230_._MARVEL.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
ADDITIONAL STATEMENTS
Description of mark
The mark consists of an outlined rectangular design with four concave sides, with the word "MARVEL" at the center.
SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the
Trademark Rules of Practice.
Response Signature
Signature: /Susan H. Frohling/ Date: 05/17/2019
Signatory's Name: Susan
Signatory's Position: Attorney of Record
Signatory's Phone Number: 312-321-4200
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: 88314738
Internet Transmission Date: Fri May 17 12:33:57 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019051712335755
3648-88314738-62021c24a1e046cdf4d8f95788
fa0317de0516dd756ebf2813d8b72127abb6a96-
N/A-N/A-20190517122155172230