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 |
88331917 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 101 |
| MARK SECTION |
| MARK FILE NAME |
http://uspto.report/TM/88331917/mark.png |
| LITERAL ELEMENT |
BIG RED |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
The color(s) red and white is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the words BIG RED in stylized font in the color white. Centered above the words is an image of a barn on a hill, with a
view of the front and right side of the barn, and appearing within a small white box. The words and the barn image in a box appear towards the bottom of the mark. The barn is in the color red, with
the roof of the barn in the color white. The barn doors are outlined in the color white and the two windows on the right side of the barn are in the color white. The hill is denoted by red and white
stripes. In the background of the entire mark appears an enlarged shadow image of the barn. |
| ARGUMENT(S) |
| The Examining Attorney notes prior pending Application Serial No. 87/135,843 in International Class 33 for "Alcoholic beverages except beers; Wine"
as a potential obstacle to registration of Applicant's mark. Applicant respectfully requests that its application be suspended pending the final disposition of the prior pending application. |
| ADDITIONAL STATEMENTS SECTION |
| DISCLAIMER |
No claim is made to the exclusive right to use RED apart from the mark as shown. |
| ATTORNEY SECTION (current) |
| NAME |
Emilia F. Cannella |
| ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
| YEAR OF ADMISSION |
NOT SPECIFIED |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
| FIRM NAME |
ROPES & GRAY LLP |
| INTERNAL ADDRESS |
PRUDENTIAL TOWER |
| STREET |
800 BOYLSTON STREET |
| CITY |
BOSTON |
| STATE |
Massachusetts |
| POSTAL CODE |
02199 |
| COUNTRY |
US |
| PHONE |
617-951-7000 |
| FAX |
617-235-9493 |
| EMAIL |
ustrademarkmail@ropesgray.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
BWIM-T-540 |
| ATTORNEY SECTION (proposed) |
| NAME |
Emilia F. Cannella |
| ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
| YEAR OF ADMISSION |
XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
| FIRM NAME |
ROPES & GRAY LLP |
| INTERNAL ADDRESS |
PRUDENTIAL TOWER |
| STREET |
800 BOYLSTON STREET |
| CITY |
BOSTON |
| STATE |
Massachusetts |
| POSTAL CODE |
02199 |
| COUNTRY |
United States |
| PHONE |
617-951-7000 |
| FAX |
617-235-9493 |
| EMAIL |
ustrademarkmail@ropesgray.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
BWIM-T-540 |
| OTHER APPOINTED ATTORNEY |
Erica L. Han, Edward G. Black, Peter M. Brody, David M. McIntosh and Mark P. Szpak |
| CORRESPONDENCE SECTION (current) |
| NAME |
EMILIA F. CANNELLA |
| FIRM NAME |
ROPES & GRAY LLP |
| INTERNAL ADDRESS |
PRUDENTIAL TOWER |
| STREET |
800 BOYLSTON STREET |
| CITY |
BOSTON |
| STATE |
Massachusetts |
| POSTAL CODE |
02199 |
| COUNTRY |
US |
| PHONE |
617-951-7000 |
| FAX |
617-235-9493 |
| EMAIL |
ustrademarkmail@ropesgray.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
BWIM-T-540 |
| CORRESPONDENCE SECTION (proposed) |
| NAME |
Emilia F. Cannella |
| FIRM NAME |
ROPES & GRAY LLP |
| INTERNAL ADDRESS |
PRUDENTIAL TOWER |
| STREET |
800 BOYLSTON STREET |
| CITY |
BOSTON |
| STATE |
Massachusetts |
| POSTAL CODE |
02199 |
| COUNTRY |
United States |
| PHONE |
617-951-7000 |
| FAX |
617-235-9493 |
| EMAIL |
ustrademarkmail@ropesgray.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
BWIM-T-540 |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/emilia cannella/ |
| SIGNATORY'S NAME |
Emilia F. Cannella |
| SIGNATORY'S POSITION |
Attorney of record, Massachusetts Bar member |
| SIGNATORY'S PHONE NUMBER |
617-951-7170 |
| DATE SIGNED |
09/12/2019 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Thu Sep 12 13:45:36 EDT 2019 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XXX-2
0190912134536844822-88331
917-610dda41d674630302b43
ed5cf1ddff7e574826637152d
25b3d6ffda6691eb50-N/A-N/
A-20190912113633357768 |
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.
88331917 BIG RED (Stylized and/or with Design, see http://uspto.report/TM/88331917/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
The Examining Attorney notes prior pending Application Serial No. 87/135,843 in International Class 33 for "Alcoholic beverages except beers; Wine" as a potential obstacle to registration of
Applicant's mark. Applicant respectfully requests that its application be suspended pending the final disposition of the prior pending application.
The applicant's current attorney information: Emilia F. Cannella. Emilia F. Cannella of ROPES & GRAY LLP, is located at
PRUDENTIAL TOWER
800 BOYLSTON STREET
BOSTON, Massachusetts 02199
US
The docket/reference number is BWIM-T-540.
The phone number is 617-951-7000.
The fax number is 617-235-9493.
The email address is ustrademarkmail@ropesgray.com
The applicants proposed attorney information: Emilia F. Cannella. Other appointed attorneys are Erica L. Han, Edward G. Black, Peter M. Brody, David M. McIntosh and Mark P. Szpak. Emilia F.
Cannella of ROPES & GRAY LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
PRUDENTIAL TOWER
800 BOYLSTON STREET
BOSTON, Massachusetts 02199
United States
The docket/reference number is BWIM-T-540.
The phone number is 617-951-7000.
The fax number is 617-235-9493.
The email address is ustrademarkmail@ropesgray.com
Emilia F. Cannella submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any
U.S. Commonwealth or territory.
The applicant's current correspondence information: EMILIA F. CANNELLA. EMILIA F. CANNELLA of ROPES & GRAY LLP, is located at
PRUDENTIAL TOWER
800 BOYLSTON STREET
BOSTON, Massachusetts 02199
US
The docket/reference number is BWIM-T-540.
The phone number is 617-951-7000.
The fax number is 617-235-9493.
The email address is ustrademarkmail@ropesgray.com
The applicants proposed correspondence information: Emilia F. Cannella. Emilia F. Cannella of ROPES & GRAY LLP, is located at
PRUDENTIAL TOWER
800 BOYLSTON STREET
BOSTON, Massachusetts 02199
United States
The docket/reference number is BWIM-T-540.
The phone number is 617-951-7000.
The fax number is 617-235-9493.
The email address is ustrademarkmail@ropesgray.com
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use RED apart from the mark as shown.
SIGNATURE(S)
Response Signature
Signature: /emilia cannella/ Date: 09/12/2019
Signatory's Name: Emilia F. Cannella
Signatory's Position: Attorney of record, Massachusetts Bar member
Signatory's Phone Number: 617-951-7170
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.
Mailing Address: EMILIA F. CANNELLA
ROPES & GRAY LLP
PRUDENTIAL TOWER
800 BOYLSTON STREET
BOSTON, Massachusetts 02199
Mailing Address: Emilia F. Cannella
ROPES & GRAY LLP
PRUDENTIAL TOWER
800 BOYLSTON STREET
BOSTON, Massachusetts 02199
Serial Number: 88331917
Internet Transmission Date: Thu Sep 12 13:45:36 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019091213453684
4822-88331917-610dda41d674630302b43ed5cf
1ddff7e574826637152d25b3d6ffda6691eb50-N
/A-N/A-20190912113633357768