Response to Office Action

AMORE

PANOS Brands, 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 88369789
LAW OFFICE ASSIGNED LAW OFFICE 110
MARK SECTION
MARK http://uspto.report/TM/88369789/mark.png
LITERAL ELEMENT AMORE
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
OWNER SECTION (current)
NAME PANOS Brands, LLC
STREET 395 West Passaic Street, Suite 240
CITY Rochelle Park
STATE New Jersey
ZIP/POSTAL CODE 07662
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
OWNER SECTION (proposed)
NAME PANOS Brands, LLC
STREET 395 West Passaic Street, Suite 240
CITY Rochelle Park
STATE New Jersey
ZIP/POSTAL CODE 07662
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
EMAIL XXXX
EVIDENCE SECTION
DESCRIPTION OF EVIDENCE FILE Panos Brands, LLC originally registered the mark AMORE in 1997 in classes 29 and 30. Since that date, it has successfully registered six (6) additional standard character marks for AMORE in the United States and one in Canada. This mark has been used in association with Panos products since 1970. Each of the AMORE marks is registered in class 30 for food products ranging from tomato paste to canned fruits and candies to processed beans. The current application (AMORE 88369789) is to use the mark for rice and rice seasonings and flavorings combined in unitary packages. The legal description of the products would fall under class 30. The Nonfinal Office Action states that Love Seasoning is already registered as a seasoning (registration number 4954670) and to allow the registration of AMORE will create a likelihood of confusion. The Love Seasoning has been used in commerce since August 2015 and was registered in May 2016. Although LOVE and AMORE are the translated equivalent of each other, AMORE extends beyond a translation to Love. The AMORE mark has been associated with Panos' food products since 1970. After 50 years of continuous use, we believe the AMORE mark has acquired the requisite distinctiveness in the market to identify Panos food products.
ATTORNEY INFORMATION (current)
NAME Jun Yu
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME DICKIE MCCAMEY & CHILCOTE, P.C.
STREET TWO PPG PLACE, SUITE 400
CITY PITTSBURGH
STATE Pennsylvania
POSTAL CODE 15222
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
ATTORNEY INFORMATION (proposed)
NAME Jun Yu
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME DICKIE MCCAMEY & CHILCOTE, P.C.
STREET TWO PPG PLACE, SUITE 400
CITY PITTSBURGH
STATE Pennsylvania
POSTAL CODE 15222
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
EMAIL jyu@dmclaw.com
CORRESPONDENCE INFORMATION (current)
NAME JUN YU
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE jyu@dmclaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
CORRESPONDENCE INFORMATION (proposed)
NAME Jun Yu
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE jyu@dmclaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) szoffer@dmclaw.com; awaldinger@dmclaw.com; smickens@dmclaw.com
SIGNATURE SECTION
RESPONSE SIGNATURE /Jun Yu/
SIGNATORY'S NAME Jun Yu
SIGNATORY'S POSITION Attorney of record; Pennsylvania bar member
SIGNATORY'S PHONE NUMBER 4122817272
DATE SIGNED 02/19/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Feb 19 12:48:37 ET 2020
TEAS STAMP USPTO/ROA-XXX.XXX.XX.X-20
200219124837495553-883697
89-71062a44d2fb3065d7d8e0
98f18b3eb853be8e47786be5e
14e1016e28324a41b96-N/A-N
/A-20200219124442386616



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. 88369789 AMORE(Standard Characters, see http://uspto.report/TM/88369789/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Panos Brands, LLC originally registered the mark AMORE in 1997 in classes 29 and 30. Since that date, it has successfully registered six (6) additional standard character marks for AMORE in the United States and one in Canada. This mark has been used in association with Panos products since 1970. Each of the AMORE marks is registered in class 30 for food products ranging from tomato paste to canned fruits and candies to processed beans. The current application (AMORE 88369789) is to use the mark for rice and rice seasonings and flavorings combined in unitary packages. The legal description of the products would fall under class 30. The Nonfinal Office Action states that Love Seasoning is already registered as a seasoning (registration number 4954670) and to allow the registration of AMORE will create a likelihood of confusion. The Love Seasoning has been used in commerce since August 2015 and was registered in May 2016. Although LOVE and AMORE are the translated equivalent of each other, AMORE extends beyond a translation to Love. The AMORE mark has been associated with Panos' food products since 1970. After 50 years of continuous use, we believe the AMORE mark has acquired the requisite distinctiveness in the market to identify Panos food products. has been attached.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: PANOS Brands, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      395 West Passaic Street, Suite 240
      Rochelle Park, New Jersey 07662
      United States

Proposed: PANOS Brands, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      395 West Passaic Street, Suite 240
      Rochelle Park, New Jersey 07662
      United States
      Email Address: XXXX

The owner's/holder's current attorney information: Jun Yu. Jun Yu of DICKIE MCCAMEY & CHILCOTE, P.C., is located at

      TWO PPG PLACE, SUITE 400
      PITTSBURGH, Pennsylvania 15222
      United States

The owner's/holder's proposed attorney information: Jun Yu. Jun Yu of DICKIE MCCAMEY & CHILCOTE, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      TWO PPG PLACE, SUITE 400
      PITTSBURGH, Pennsylvania 15222
      United States
      The email address is jyu@dmclaw.com

Jun Yu 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.Correspondence Information (current):
      JUN YU
      PRIMARY EMAIL FOR CORRESPONDENCE: jyu@dmclaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Jun Yu
      PRIMARY EMAIL FOR CORRESPONDENCE: jyu@dmclaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): szoffer@dmclaw.com; awaldinger@dmclaw.com; smickens@dmclaw.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /Jun Yu/     Date: 02/19/2020
Signatory's Name: Jun Yu
Signatory's Position: Attorney of record; Pennsylvania bar member

Signatory's Phone Number: 4122817272

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:    JUN YU
   DICKIE MCCAMEY & CHILCOTE, P.C.
   
   TWO PPG PLACE, SUITE 400
   PITTSBURGH, Pennsylvania 15222
Mailing Address:    Jun Yu
   DICKIE MCCAMEY & CHILCOTE, P.C.
   TWO PPG PLACE, SUITE 400
   PITTSBURGH, Pennsylvania 15222
        
Serial Number: 88369789
Internet Transmission Date: Wed Feb 19 12:48:37 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.X-20200219124837495
553-88369789-71062a44d2fb3065d7d8e098f18
b3eb853be8e47786be5e14e1016e28324a41b96-
N/A-N/A-20200219124442386616



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