Response to Office Action

PINOT GRIGIO 2017 PRODUCT OF ITALY FINEITALIAN WINE

Walmart Apollo, 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 88340263
LAW OFFICE ASSIGNED LAW OFFICE 108
MARK SECTION (current)
MARK FILE NAME http://uspto.report/TM/88340263/mark.png
LITERAL ELEMENT PINOT GRIGIO 2017 PRODUCT OF ITALY FINE ITALIAN WINE
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
The color(s) grey, light red, light brown is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of long thin white rectangle with light gray horizontal lines that creates the illusion of ridges; a silhouette of the handle and screw of a long corkscrew is cut out of the white rectangle vertically on the top half of the label, such that the clear glass of the bottle forms the silhouette. At the bottom right of the screw tip is a light red bunch of grapes with leaves surrounded by the words "FINE ITALIAN WINE" in light all caps light red font. The words "PINOT GRIGIO" are centered below that in black all caps block font. The year "2017" is below the product name and is flanked by a single light red horizontal line. The words "PRODUCE OF ITALY" are in small all caps block font centered at the bottom of the label.
MARK SECTION (proposed)
MARK FILE NAME \\TICRS\EXPORT17\IMAGEOUT 17\883\402\88340263\xml6\ ROA0002.JPG
LITERAL ELEMENT PINOT GRIGIO 2017 PRODUCT OF ITALY FINE ITALIAN WINE
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR MARK YES
COLOR(S) CLAIMED
(If applicable)
The color(s) black and light gray is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of a white rectangle with light gray horizontal lines creating the illusion of ridges. At the top of the rectangle is the silhouette of a corkscrew. At the bottom right of the corkscrew is a bunch of grapes with leaves all in light gray, surrounded by the words "FINE ITALIAN WINE" with a shaded circle on either side of "FINE", all in light gray. The wording "PINOT GRIGIO", "2017", and "PRODUCT OF ITALY" are at the bottom of the rectangle all in black font, with a horizontal line on either side of "2017" in light gray. The black shown in the corkscrew represents transparent area and is not part of the mark.
PIXEL COUNT ACCEPTABLE YES
PIXEL COUNT 593 x 768
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use "PINOT GRIGIO", "2017", "PRODUCT OF ITALY", "FINE" and 'ITALIAN WINE" apart from the mark as shown.
STIPPLING FOR SHADING The stippling is for shading purposes only.
MISCELLANEOUS STATEMENT The goods will be made with grapes from Italy.
ATTORNEY SECTION (current)
NAME Holly M. Lar
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
STREET 702 SW 8TH STREET, MS 0215
CITY BENTONVILLE
STATE Arkansas
POSTAL CODE 72716-0215
COUNTRY US
PHONE 479-204-5424
EMAIL ustm@walmartlegal.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 81363053
ATTORNEY SECTION (proposed)
NAME Holly M. Lar
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
STREET 702 SW 8TH STREET, MS 0215
CITY BENTONVILLE
STATE Arkansas
POSTAL CODE 72716-0215
COUNTRY United States
PHONE 479-204-5424
EMAIL ustm@walmartlegal.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 81363053
CORRESPONDENCE SECTION (current)
NAME HOLLY M. LAR
STREET 702 SW 8TH STREET, MS 0215
CITY BENTONVILLE
STATE Arkansas
POSTAL CODE 72716-0215
COUNTRY US
PHONE 479-204-5424
EMAIL ustm@walmartlegal.com; dsdocketuswmt@dinsmore.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 81363053
CORRESPONDENCE SECTION (proposed)
NAME Holly M. Lar
STREET 702 SW 8TH STREET, MS 0215
CITY BENTONVILLE
STATE Arkansas
POSTAL CODE 72716-0215
COUNTRY United States
PHONE 479-204-5424
EMAIL ustm@walmartlegal.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 81363053
SIGNATURE SECTION
RESPONSE SIGNATURE /HollyMLar/
SIGNATORY'S NAME Holly M. Lar
SIGNATORY'S POSITION Attorney of Record, AR 2011204
DATE SIGNED 11/27/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Nov 27 14:05:21 EST 2019
TEAS STAMP USPTO/ROA-XXX.XXX.XXX.XX-
20191127140521327000-8834
0263-7001878295c572fd92f2
8baa9fd5f4d7c484f123e725f
a4c08032176e8016fba4-N/A-
N/A-20191125195547027794



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. 88340263 PINOT GRIGIO 2017 PRODUCT OF ITALY FINE ITALIAN WINE (Stylized and/or with Design, see http://uspto.report/TM/88340263/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: PINOT GRIGIO 2017 PRODUCT OF ITALY FINE ITALIAN WINE (Stylized and/or with Design, see http://uspto.report/TM/88340263/mark.png)
Proposed: PINOT GRIGIO 2017 PRODUCT OF ITALY FINE ITALIAN WINE (Stylized and/or with Design, see mark)
The color(s) black and light gray is/are claimed as a feature of the mark.
The mark consists of a white rectangle with light gray horizontal lines creating the illusion of ridges. At the top of the rectangle is the silhouette of a corkscrew. At the bottom right of the corkscrew is a bunch of grapes with leaves all in light gray, surrounded by the words "FINE ITALIAN WINE" with a shaded circle on either side of "FINE", all in light gray. The wording "PINOT GRIGIO", "2017", and "PRODUCT OF ITALY" are at the bottom of the rectangle all in black font, with a horizontal line on either side of "2017" in light gray. The black shown in the corkscrew represents transparent area and is not part of the mark.

The applicant's current attorney information: Holly M. Lar. Holly M. Lar, is located at

      702 SW 8TH STREET, MS 0215
      BENTONVILLE, Arkansas 72716-0215
      US
The docket/reference number is 81363053.

The phone number is 479-204-5424.

The email address is ustm@walmartlegal.com

The applicants proposed attorney information: Holly M. Lar. Holly M. Lar, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      702 SW 8TH STREET, MS 0215
      BENTONVILLE, Arkansas 72716-0215
      United States
The docket/reference number is 81363053.

The phone number is 479-204-5424.

The email address is ustm@walmartlegal.com

Holly M. Lar 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: HOLLY M. LAR. HOLLY M. LAR, is located at

      702 SW 8TH STREET, MS 0215
      BENTONVILLE, Arkansas 72716-0215
      US
The docket/reference number is 81363053.

The phone number is 479-204-5424.

The email address is ustm@walmartlegal.com; dsdocketuswmt@dinsmore.com

The applicants proposed correspondence information: Holly M. Lar. Holly M. Lar, is located at

      702 SW 8TH STREET, MS 0215
      BENTONVILLE, Arkansas 72716-0215
      United States
The docket/reference number is 81363053.

The phone number is 479-204-5424.

The email address is ustm@walmartlegal.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "PINOT GRIGIO", "2017", "PRODUCT OF ITALY", "FINE" and 'ITALIAN WINE" apart from the mark as shown.


Stippling for shading
The stippling is for shading purposes only.


Miscellaneous Statement
The goods will be made with grapes from Italy.


SIGNATURE(S)
Response Signature
Signature: /HollyMLar/     Date: 11/27/2019
Signatory's Name: Holly M. Lar
Signatory's Position: Attorney of Record, AR 2011204

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:    HOLLY M. LAR
   
   
   702 SW 8TH STREET, MS 0215
   BENTONVILLE, Arkansas 72716-0215
Mailing Address:    Holly M. Lar
   702 SW 8TH STREET, MS 0215
   BENTONVILLE, Arkansas 72716-0215
        
Serial Number: 88340263
Internet Transmission Date: Wed Nov 27 14:05:21 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201911271405213
27000-88340263-7001878295c572fd92f28baa9
fd5f4d7c484f123e725fa4c08032176e8016fba4
-N/A-N/A-20191125195547027794


Response to Office Action [image/jpeg]


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