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 |
88369419 |
LAW OFFICE ASSIGNED |
LAW OFFICE 106 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88369419/mark.png |
LITERAL ELEMENT |
FOODLAND FRESH FRIENDLY EVERYDAY |
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 the words FOODLAND fresh friendly everyday. The word FOODLAND is in upper case with the letter F in a stylized form with a
leaf design. The words, fresh friendly everyday, are in lower case in stylized form and below the word FOODLAND. |
ARGUMENT(S) |
Registration has been refused based upon marks that are owned by Applicant?s related company, SUPERVALU Holding. Both Applicant and SUPERVALU
Holding are commonly owned and controlled with the same physical addresses and the usage of the Applicant?s mark and the cited marks are controlled by the same team of individuals at both companies.
In this regard, pursuant to TMEP Section 1201.07(a), there is a unity of control and single source of goods from both companies. Applicant therefore submits that the refusal based upon the cited
marks should be withdrawn and the application proceed to publication. |
ADDITIONAL STATEMENTS SECTION |
COLOR(S) CLAIMED
(If applicable) |
The color(s) red and black is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the words "FOODLAND fresh friendly everyday". The word "FOODLAND" is in red upper case with the letter "F" in a stylized
form with a leaf design. The words "fresh friendly everyday" are in black lower case in stylized form and below the word "FOODLAND". |
ATTORNEY SECTION (current) |
NAME |
Gregory C. Golla |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
MERCHANT & GOULD P.C. |
STREET |
P.O. BOX 2910 |
CITY |
MINNEAPOLIS |
STATE |
Minnesota |
POSTAL CODE |
55402-0910 |
COUNTRY |
US |
PHONE |
612-332-5300 |
FAX |
612.332.9081 |
EMAIL |
dockmpls@merchantgould.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
8442.751US01 |
ATTORNEY SECTION (proposed) |
NAME |
Gregory C. Golla |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
MERCHANT & GOULD P.C. |
STREET |
P.O. BOX 2910 |
CITY |
MINNEAPOLIS |
STATE |
Minnesota |
POSTAL CODE |
55402-0910 |
COUNTRY |
United States |
PHONE |
612-332-5300 |
FAX |
612.332.9081 |
EMAIL |
dockmpls@merchantgould.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
8442.751US01 |
CORRESPONDENCE SECTION (current) |
NAME |
GREGORY C. GOLLA |
FIRM NAME |
MERCHANT & GOULD P.C. |
STREET |
P.O. BOX 2910 |
CITY |
MINNEAPOLIS |
STATE |
Minnesota |
POSTAL CODE |
55402-0910 |
COUNTRY |
US |
PHONE |
612-332-5300 |
FAX |
612.332.9081 |
EMAIL |
dockmpls@merchantgould.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
8442.751US01 |
CORRESPONDENCE SECTION (proposed) |
NAME |
Gregory C. Golla |
FIRM NAME |
MERCHANT & GOULD P.C. |
INTERNAL ADDRESS |
80 S Eighth Street |
STREET |
P.O. BOX 2910 |
CITY |
MINNEAPOLIS |
STATE |
Minnesota |
POSTAL CODE |
55402-0910 |
COUNTRY |
United States |
PHONE |
612-332-5300 |
FAX |
612.332.9081 |
EMAIL |
dockmpls@merchantgould.com; ggolla@merchantgould.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
8442.751US01 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/gcg/ |
SIGNATORY'S NAME |
Gregory Golla |
SIGNATORY'S POSITION |
Attorney of record |
SIGNATORY'S PHONE NUMBER |
6123325300 |
DATE SIGNED |
12/17/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Dec 17 14:41:07 EST 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XX-2
0191217144107474645-88369
419-70067a510106ec3ebdefe
bf01c48429af3dc90dc7f8082
e6b750cda67e929b59e6-N/A-
N/A-20191217143603666853 |
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.
88369419 FOODLAND FRESH FRIENDLY EVERYDAY (Stylized and/or with Design, see http://uspto.report/TM/88369419/mark.png) has been amended as
follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Registration has been refused based upon marks that are owned by Applicant?s related company, SUPERVALU Holding. Both Applicant and SUPERVALU Holding are commonly owned and controlled with the same
physical addresses and the usage of the Applicant?s mark and the cited marks are controlled by the same team of individuals at both companies. In this regard, pursuant to TMEP Section 1201.07(a),
there is a unity of control and single source of goods from both companies. Applicant therefore submits that the refusal based upon the cited marks should be withdrawn and the application proceed to
publication.
The applicant's current attorney information: Gregory C. Golla. Gregory C. Golla of MERCHANT & GOULD P.C., is located at
P.O. BOX 2910
MINNEAPOLIS, Minnesota 55402-0910
US
The docket/reference number is 8442.751US01.
The phone number is 612-332-5300.
The fax number is 612.332.9081.
The email address is dockmpls@merchantgould.com
The applicants proposed attorney information: Gregory C. Golla. Gregory C. Golla of MERCHANT & GOULD P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is
located at
P.O. BOX 2910
MINNEAPOLIS, Minnesota 55402-0910
United States
The docket/reference number is 8442.751US01.
The phone number is 612-332-5300.
The fax number is 612.332.9081.
The email address is dockmpls@merchantgould.com
Gregory C. Golla 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: GREGORY C. GOLLA. GREGORY C. GOLLA of MERCHANT & GOULD P.C., is located at
P.O. BOX 2910
MINNEAPOLIS, Minnesota 55402-0910
US
The docket/reference number is 8442.751US01.
The phone number is 612-332-5300.
The fax number is 612.332.9081.
The email address is dockmpls@merchantgould.com
The applicants proposed correspondence information: Gregory C. Golla. Gregory C. Golla of MERCHANT & GOULD P.C., is located at
80 S Eighth Street
P.O. BOX 2910
MINNEAPOLIS, Minnesota 55402-0910
United States
The docket/reference number is 8442.751US01.
The phone number is 612-332-5300.
The fax number is 612.332.9081.
The email address is dockmpls@merchantgould.com; ggolla@merchantgould.com
ADDITIONAL STATEMENTS
Color Claim
The color(s) red and black is/are claimed as a feature of the mark.
Description of mark
The mark consists of the words "FOODLAND fresh friendly everyday". The word "FOODLAND" is in red upper case with the letter "F" in a stylized form with a leaf design. The words "fresh friendly
everyday" are in black lower case in stylized form and below the word "FOODLAND".
SIGNATURE(S)
Response Signature
Signature: /gcg/ Date: 12/17/2019
Signatory's Name: Gregory Golla
Signatory's Position: Attorney of record
Signatory's Phone Number: 6123325300
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: GREGORY C. GOLLA
MERCHANT & GOULD P.C.
P.O. BOX 2910
MINNEAPOLIS, Minnesota 55402-0910
Mailing Address: Gregory C. Golla
MERCHANT & GOULD P.C.
80 S Eighth Street
P.O. BOX 2910
MINNEAPOLIS, Minnesota 55402-0910
Serial Number: 88369419
Internet Transmission Date: Tue Dec 17 14:41:07 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019121714410747
4645-88369419-70067a510106ec3ebdefebf01c
48429af3dc90dc7f8082e6b750cda67e929b59e6
-N/A-N/A-20191217143603666853