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)

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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. 88355938 CHOCOVIVO (Stylized and/or with Design, see http://uspto.report/TM/88355938/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: CHOCOVIVO (Stylized and/or with Design, see http://uspto.report/TM/88355938/mark.png)
Proposed: CHOCOVIVO (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of a cross section of cacao over the word CHOCOVIVO.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Retail services, featuring candy, chocolates, confections, body oils and bitters. Internet retail services, featuring candy, chocolates, confections, body oils and bitters
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 03/13/2019 and first used in commerce at least as early as 03/13/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Retail services, featuring candy, chocolates, confections, body oils and bitters. Internet retail services, featuring candy, chocolates, confections, body oils and bitters; Retail store services, featuring candy, chocolates, confections, body oils and bitters; Online retail store services, featuring candy, chocolates, confections, body oils and bittersClass 035 for Retail store services, featuring candy, chocolates, confections, body oils and bitters; Online retail store services, featuring candy, chocolates, confections, body oils and bitters
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 03/13/2019 and first used in commerce at least as early as 03/13/2019 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Translation
The English translation of vivo in the mark is alive. The wording choco has no meaning in a foreign language.


Miscellaneous Statement
Attached are pages from Google Translate that show the Spanish translation of VIVO is alive and there is no translation of CHOCO. The attachments to the Office Action showed multiple pages regarding an attempt to translate CHOCO; however, none of those pages chowed a translation of CHOCO. Applicant understands CHOCO to be a truncation of CHOCOLATE.

Original PDF file:
mis-6917020146-20190724182010338582_._vivo.pdf
Converted PDF file(s) ( 1 page)
Miscellaneous File1
Original PDF file:
mis-6917020146-20190724182010338582_._choco.pdf
Converted PDF file(s) ( 1 page)
Miscellaneous File1

SIGNATURE(S)
Response Signature
Signature: /Burt Magen/     Date: 07/24/2019
Signatory's Name: Burt Magen
Signatory's Position: Attorney of Record (CA Bar 160603)

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: 88355938
Internet Transmission Date: Wed Jul 24 18:31:39 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019072418313993
0315-88355938-620fd7b9781c589fe319b20de4
5a6ffea80c1b3f929b295281f11b9132c64c6d2b
-N/A-N/A-20190724182010338582