Response to Office Action

REUSABLE YELLOWJACKET TRAP

Sterling International Inc.

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 88334992
LAW OFFICE ASSIGNED LAW OFFICE 111
MARK SECTION (current)
MARK FILE NAME http://uspto.report/TM/88334992/mark.png
LITERAL ELEMENT REUSABLE YELLOWJACKET TRAP
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
The color(s) green, light green, yellow, white 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 two dimensional image of product packaging shown flat, which consists of five panels that are folded to form a five sided base that serves as packaging for the goods. Two of the four sides are primarily black with yellow at the bottom and are opposite to each other. The third side panel is yellow with a blank area for product information and/or identification. The fourth panel is primarily green and black with yellow at the bottom divided by a thin black stripe. To the right of the panel is a smaller yellow colored indented panel with a stylized design of a yellowjacket. Next to the design is the word "REUSABLE" in light green. Below that word are the words "YELLOWJACKET TRAP" in white letters. Above this panel is a green semicircle which extends into the middle or top panel that is primarily yellow with a circular opening for the goods.
MARK SECTION (proposed)
MARK FILE NAME \\TICRS\EXPORT17\IMAGEOUT 17\883\349\88334992\xml11 \ROA0002.JPG
LITERAL ELEMENT REUSABLE YELLOWJACKET TRAP
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR MARK YES
COLOR(S) CLAIMED
(If applicable)
The color(s) green, light green, yellow, white and black is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of two dimensional packaging. The packaging is shown flat, which consists of five panels that are folded to form a five sided base that serves as packaging for the goods. Two of the four sides are primarily black with yellow at the bottom and are opposite to each other. The third side panel is yellow with a blank area for product information and/or identification. The fourth panel is primarily green and black with yellow at the bottom divided by a thin black stripe. To the right of the panel is a smaller yellow colored indented panel with a stylized design of a yellowjacket. Next to the design is the word "REUSABLE" in light green. Below that word are the words "YELLOWJACKET TRAP" in white letters. Above this panel is a green semicircle which extends into the middle or top panel that is primarily yellow with a circular opening for the goods.
PIXEL COUNT ACCEPTABLE YES
PIXEL COUNT 944 x 914
ARGUMENT(S)

In the Office Action dated July 16, 2019, Applicant responds by (1) submitting an amended drawing and (2) amending the description of the mark.

The mark applied for is a two-dimensional design of a product label shown flat that will be used as product packaging. The mark description and drawing have been amended accordingly.

The Applicant has addressed and rectified all of the issues raised in the Office Action and respectfully requests that the Examining Attorney withdraw the rejection and approve the mark for publication. If the Examining Attorney has any remaining questions, please contact the attorney of record.




EVIDENCE SECTION
       EVIDENCE
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\883\349\88334992\xml11 \ROA0003.JPG
DESCRIPTION OF EVIDENCE FILE an amended drawing
ATTORNEY SECTION (current)
NAME Everett E. Fruehling
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME CHRISTENSEN O'CONNOR JOHNSON KINDNESS
STREET 1201 THIRD AVENUE, SUITE 3600
CITY SEATTLE
STATE Washington
POSTAL CODE 98101
COUNTRY US
PHONE 206-682-8100
FAX 206-224-0779
EMAIL efiling@cojk.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER STIL-2-58841
ATTORNEY SECTION (proposed)
NAME Everett E. Fruehling
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME CHRISTENSEN O'CONNOR JOHNSON KINDNESS
STREET 1201 THIRD AVENUE, SUITE 3600
CITY SEATTLE
STATE Washington
POSTAL CODE 98101
COUNTRY United States
PHONE 206-682-8100
FAX 206-224-0779
EMAIL efiling@cojk.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER STIL-2-58841
OTHER APPOINTED ATTORNEY Jerald E. Nagae, Reg. No. 29,418; George E. Renzoni, Ph.D., Reg. No. 37,919; John D. Denkenberger, Reg. No. 44,060; Everett E. Fruehling; Brandon C. Stallman, Reg. No. 46,468; Laura A. Cruz, Reg. No. 46,649; Ryan E. Dodge, Jr., Reg. No. 42,492; Brian W. Poor, Reg. No. 32,928; Margie B. Aoki, Reg. No. 62,644; Matthew D. Balint, Reg. No. 61,038; Llewellyn Rhys Lawson, Reg. No. 57,869; David P. Sheldon, Reg. No. 62,494; Brian F. McMahon; Melissa A. Nowak, Reg. No. 68,088; B. Casey Fitzpatrick, Reg. No. 66,847, Jadran Adrian Mihailovic, Reg. No. 57,874; James Y. Go, Reg. No. 40,621; and Cory G. Claassen, Reg. No. 50,296; Thomas S. (Stasiu) Nowak, Reg. No. 67,998; Jennifer R. Ashton
CORRESPONDENCE SECTION (current)
NAME EVERETT E. FRUEHLING
FIRM NAME CHRISTENSEN O'CONNOR JOHNSON KINDNESS
STREET 1201 THIRD AVENUE, SUITE 3600
CITY SEATTLE
STATE Washington
POSTAL CODE 98101
COUNTRY US
PHONE 206-682-8100
FAX 206-224-0779
EMAIL efiling@cojk.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER STIL-2-58841
CORRESPONDENCE SECTION (proposed)
NAME Everett E. Fruehling
FIRM NAME CHRISTENSEN O'CONNOR JOHNSON KINDNESS
STREET 1201 THIRD AVENUE, SUITE 3600
CITY SEATTLE
STATE Washington
POSTAL CODE 98101
COUNTRY United States
PHONE 206-682-8100
FAX 206-224-0779
EMAIL efiling@cojk.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER STIL-2-58841
SIGNATURE SECTION
RESPONSE SIGNATURE /Jennifer R. Ashton/
SIGNATORY'S NAME Jennifer R. Ashton
SIGNATORY'S POSITION Of Counsel, Christensen O'Connor Johnson Kindness, Washington State bar member
SIGNATORY'S PHONE NUMBER 206 695.1614
DATE SIGNED 08/08/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Aug 08 14:53:05 EDT 2019
TEAS STAMP USPTO/ROA-XX.XXX.XX.XX-20
190808145305393397-883349
92-610cfef6011cdd2fb3c958
1b6d8d1285e762ed61426919a
31bc5c4cef921dfb43-N/A-N/
A-20190808143943487245



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. 88334992 REUSABLE YELLOWJACKET TRAP (Stylized and/or with Design, see http://uspto.report/TM/88334992/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: REUSABLE YELLOWJACKET TRAP (Stylized and/or with Design, see http://uspto.report/TM/88334992/mark.png)
Proposed: REUSABLE YELLOWJACKET TRAP (Stylized and/or with Design, see mark)
The color(s) green, light green, yellow, white and black is/are claimed as a feature of the mark.
The mark consists of two dimensional packaging. The packaging is shown flat, which consists of five panels that are folded to form a five sided base that serves as packaging for the goods. Two of the four sides are primarily black with yellow at the bottom and are opposite to each other. The third side panel is yellow with a blank area for product information and/or identification. The fourth panel is primarily green and black with yellow at the bottom divided by a thin black stripe. To the right of the panel is a smaller yellow colored indented panel with a stylized design of a yellowjacket. Next to the design is the word "REUSABLE" in light green. Below that word are the words "YELLOWJACKET TRAP" in white letters. Above this panel is a green semicircle which extends into the middle or top panel that is primarily yellow with a circular opening for the goods.

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

In the Office Action dated July 16, 2019, Applicant responds by (1) submitting an amended drawing and (2) amending the description of the mark.

The mark applied for is a two-dimensional design of a product label shown flat that will be used as product packaging. The mark description and drawing have been amended accordingly.

The Applicant has addressed and rectified all of the issues raised in the Office Action and respectfully requests that the Examining Attorney withdraw the rejection and approve the mark for publication. If the Examining Attorney has any remaining questions, please contact the attorney of record.






EVIDENCE
Evidence in the nature of an amended drawing has been attached. Evidence-1

The applicant's current attorney information: Everett E. Fruehling. Everett E. Fruehling of CHRISTENSEN O'CONNOR JOHNSON KINDNESS, is located at

      1201 THIRD AVENUE, SUITE 3600
      SEATTLE, Washington 98101
      US
The docket/reference number is STIL-2-58841.

The phone number is 206-682-8100.

The fax number is 206-224-0779.

The email address is efiling@cojk.com

The applicants proposed attorney information: Everett E. Fruehling. Other appointed attorneys are Jerald E. Nagae, Reg. No. 29,418; George E. Renzoni, Ph.D., Reg. No. 37,919; John D. Denkenberger, Reg. No. 44,060; Everett E. Fruehling; Brandon C. Stallman, Reg. No. 46,468; Laura A. Cruz, Reg. No. 46,649; Ryan E. Dodge, Jr., Reg. No. 42,492; Brian W. Poor, Reg. No. 32,928; Margie B. Aoki, Reg. No. 62,644; Matthew D. Balint, Reg. No. 61,038; Llewellyn Rhys Lawson, Reg. No. 57,869; David P. Sheldon, Reg. No. 62,494; Brian F. McMahon; Melissa A. Nowak, Reg. No. 68,088; B. Casey Fitzpatrick, Reg. No. 66,847, Jadran Adrian Mihailovic, Reg. No. 57,874; James Y. Go, Reg. No. 40,621; and Cory G. Claassen, Reg. No. 50,296; Thomas S. (Stasiu) Nowak, Reg. No. 67,998; Jennifer R. Ashton. Everett E. Fruehling of CHRISTENSEN O'CONNOR JOHNSON KINDNESS, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1201 THIRD AVENUE, SUITE 3600
      SEATTLE, Washington 98101
      United States
The docket/reference number is STIL-2-58841.

The phone number is 206-682-8100.

The fax number is 206-224-0779.

The email address is efiling@cojk.com

Everett E. Fruehling submitted the following statement: I attest that I am an 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).
The applicant's current correspondence information: EVERETT E. FRUEHLING. EVERETT E. FRUEHLING of CHRISTENSEN O'CONNOR JOHNSON KINDNESS, is located at

      1201 THIRD AVENUE, SUITE 3600
      SEATTLE, Washington 98101
      US
The docket/reference number is STIL-2-58841.

The phone number is 206-682-8100.

The fax number is 206-224-0779.

The email address is efiling@cojk.com

The applicants proposed correspondence information: Everett E. Fruehling. Everett E. Fruehling of CHRISTENSEN O'CONNOR JOHNSON KINDNESS, is located at

      1201 THIRD AVENUE, SUITE 3600
      SEATTLE, Washington 98101
      United States
The docket/reference number is STIL-2-58841.

The phone number is 206-682-8100.

The fax number is 206-224-0779.

The email address is efiling@cojk.com

SIGNATURE(S)
Response Signature
Signature: /Jennifer R. Ashton/     Date: 08/08/2019
Signatory's Name: Jennifer R. Ashton
Signatory's Position: Of Counsel, Christensen O'Connor Johnson Kindness, Washington State bar member

Signatory's Phone Number: 206 695.1614

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:    EVERETT E. FRUEHLING
   CHRISTENSEN O'CONNOR JOHNSON KINDNESS
   
   1201 THIRD AVENUE, SUITE 3600
   SEATTLE, Washington 98101
Mailing Address:    Everett E. Fruehling
   CHRISTENSEN O'CONNOR JOHNSON KINDNESS
   1201 THIRD AVENUE, SUITE 3600
   SEATTLE, Washington 98101
        
Serial Number: 88334992
Internet Transmission Date: Thu Aug 08 14:53:05 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20190808145305393
397-88334992-610cfef6011cdd2fb3c9581b6d8
d1285e762ed61426919a31bc5c4cef921dfb43-N
/A-N/A-20190808143943487245


Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]


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