Response to Office Action

SEV

SEV KURUYEMIS ÜRETIM SANAYI VE TICARET LTD.STI.

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 88388277
LAW OFFICE ASSIGNED LAW OFFICE 114
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88388277/mark.png
LITERAL ELEMENT SEV
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
OWNER SECTION (current)
NAME SEV KURUYEMIS ÜRETIM SANAYI VE TICARET LTD.STI.
INTERNAL ADDRESS YUKARI DUDULLU MAH. TAVUKÇUOGLU CAD.
STREET DEMIRTÜRK SOK. ATAK PLAZA 15/1 ÜMRANIYE
CITY ISTANBUL
ZIP/POSTAL CODE 0
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY Turkey
OWNER SECTION (proposed)
NAME SEV KURUYEMIS ÜRETIM SANAYI VE TICARET LTD.STI.
INTERNAL ADDRESS YUKARI DUDULLU MAH. TAVUKÇUOGLU CAD.
STREET DEMIRTÜRK SOK. ATAK PLAZA 15/1 ÜMRANIYE
CITY ISTANBUL
ZIP/POSTAL CODE 0
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY Turkey
EMAIL XXXX
ARGUMENT(S)
RESPONSE TO EXAMINER'S INQUIRIES:
(1) The Examiner has requested "Fact sheets, ingredient lists, brochures, advertisements and pertinent screenshots of applicant’s website as it relates to the goods and/or services in the application, including any materials using the terms in the applied-for mark. Merely stating that information about the goods and/or services is available on applicant’s website is insufficient to make the information of record."
RESPONSE: Applicant has provided advertisements and pertinent screenshots of Applicant’s website as it relates to the goods in Applicant's application, including materials using Applicant's applied-for mark.
(2) The Examiner has requested that "If these materials are unavailable, applicant should submit similar documentation for goods and services of the same type, explaining how its own product or services will differ. If the goods and/or services feature new technology and information regarding competing goods and/or services is not available, applicant must provide a detailed factual description of the goods and/or services. Factual information about the goods must make clear how they operate, salient features, and prospective customers and channels of trade. For services, the factual information must make clear what the services are and how they are rendered, salient features, and prospective customers and channels of trade. Conclusory statements will not satisfy this requirement."
RESPONSE: Applicant has provided advertisements and pertinent screenshots of Applicant’s website as it relates to the goods in Applicant's application, including materials using Applicant's applied-for mark.
(3) The Examiner has requested that Applicant must respond to the following two questions:
3(a) Are any of applicant’s goods sold in India?
RESPONSE: Applicant's products are not sold in India.
3(b) Are any of applicant’s goods or the ingredients for the goods derived from India?
RESPONSE: Applicant's products and its ingredients are not derived from India at all.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_5078217165-20200511193556746353_._Examiner_Response1.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT18\IMAGEOUT18\883\882\88388277\xml2\ROA0002.JPG
       ORIGINAL PDF FILE evi_5078217165-20200511193556746353_._Examiner_Response2.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT18\IMAGEOUT18\883\882\88388277\xml2\ROA0003.JPG
       ORIGINAL PDF FILE evi_5078217165-20200511193556746353_._Examiner_Response3.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT18\IMAGEOUT18\883\882\88388277\xml2\ROA0004.JPG
       ORIGINAL PDF FILE evi_5078217165-20200511193556746353_._Examiner_Response4.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT18\IMAGEOUT18\883\882\88388277\xml2\ROA0005.JPG
DESCRIPTION OF EVIDENCE FILE Advertisements and pertinent screenshots of Applicant's website as it relates to the goods in Applicant's application, including materials using Applicant's applied-for mark
CORRESPONDENCE INFORMATION (current)
NAME John S. Egbert
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE mail@emsip.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
DOCKET/REFERENCE NUMBER 4162-5
CORRESPONDENCE INFORMATION (proposed)
NAME John S. Egbert
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE mail@emsip.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
DOCKET/REFERENCE NUMBER 4162-5
SIGNATURE SECTION
DECLARATION SIGNATURE /4162-5/
SIGNATORY'S NAME Michael F. Swartz
SIGNATORY'S POSITION Attorney of record, Texas bar member
SIGNATORY'S PHONE NUMBER 713-224-8080
DATE SIGNED 05/11/2020
RESPONSE SIGNATURE /4162-5/
SIGNATORY'S NAME Michael F. Swartz
SIGNATORY'S POSITION Attorney of record, Texas bar member
SIGNATORY'S PHONE NUMBER 713-224-8080
DATE SIGNED 05/11/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon May 11 19:45:44 ET 2020
TEAS STAMP USPTO/ROA-XX.XX.XXX.XXX-2
0200511194544573780-88388
277-710d744f1f777bf348dc1
70bead85cc445a2554b5487ae
b5647dbe2d2ca869-N/A-N/A-
20200511193556746353



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. 88388277 SEV (Stylized and/or with Design, see http://uspto.report/TM/88388277/mark.png) has been amended as follows:

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

RESPONSE TO EXAMINER'S INQUIRIES:
(1) The Examiner has requested "Fact sheets, ingredient lists, brochures, advertisements and pertinent screenshots of applicant’s website as it relates to the goods and/or services in the application, including any materials using the terms in the applied-for mark. Merely stating that information about the goods and/or services is available on applicant’s website is insufficient to make the information of record."
RESPONSE: Applicant has provided advertisements and pertinent screenshots of Applicant’s website as it relates to the goods in Applicant's application, including materials using Applicant's applied-for mark.
(2) The Examiner has requested that "If these materials are unavailable, applicant should submit similar documentation for goods and services of the same type, explaining how its own product or services will differ. If the goods and/or services feature new technology and information regarding competing goods and/or services is not available, applicant must provide a detailed factual description of the goods and/or services. Factual information about the goods must make clear how they operate, salient features, and prospective customers and channels of trade. For services, the factual information must make clear what the services are and how they are rendered, salient features, and prospective customers and channels of trade. Conclusory statements will not satisfy this requirement."
RESPONSE: Applicant has provided advertisements and pertinent screenshots of Applicant’s website as it relates to the goods in Applicant's application, including materials using Applicant's applied-for mark.
(3) The Examiner has requested that Applicant must respond to the following two questions:
3(a) Are any of applicant’s goods sold in India?
RESPONSE: Applicant's products are not sold in India.
3(b) Are any of applicant’s goods or the ingredients for the goods derived from India?
RESPONSE: Applicant's products and its ingredients are not derived from India at all.


EVIDENCE
Evidence in the nature of Advertisements and pertinent screenshots of Applicant's website as it relates to the goods in Applicant's application, including materials using Applicant's applied-for mark has been attached.
Original PDF file:
evi_5078217165-20200511193556746353_._Examiner_Response1.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_5078217165-20200511193556746353_._Examiner_Response2.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_5078217165-20200511193556746353_._Examiner_Response3.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_5078217165-20200511193556746353_._Examiner_Response4.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: SEV KURUYEMIS ÜRETIM SANAYI VE TICARET LTD.STI. a(n) Türk limited sirket (tls), legally organized under the laws of Turkey, having an address of

            YUKARI DUDULLU MAH. TAVUKÇUOGLU CAD.      DEMIRTÜRK SOK. ATAK PLAZA 15/1 ÜMRANIYE
      ISTANBUL, 0
      Turkey

Proposed: SEV KURUYEMIS ÜRETIM SANAYI VE TICARET LTD.STI., Türk limited sirket (tls) legally organized under the laws of Turkey, having an address of
      YUKARI DUDULLU MAH. TAVUKÇUOGLU CAD.
      DEMIRTÜRK SOK. ATAK PLAZA 15/1 ÜMRANIYE
      ISTANBUL, 0
      Turkey
      Email Address: XXXX
Correspondence Information (current):
      John S. Egbert
      PRIMARY EMAIL FOR CORRESPONDENCE: mail@emsip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 4162-5.
Correspondence Information (proposed):
      John S. Egbert
      PRIMARY EMAIL FOR CORRESPONDENCE: mail@emsip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 4162-5.

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)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.



Signature: /4162-5/      Date: 05/11/2020
Signatory's Name: Michael F. Swartz
Signatory's Position: Attorney of record, Texas bar member
Signatory's Phone Number: 713-224-8080


Response Signature
Signature: /4162-5/     Date: 05/11/2020
Signatory's Name: Michael F. Swartz
Signatory's Position: Attorney of record, Texas bar member

Signatory's Phone Number: 713-224-8080

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:    John S. Egbert
   EGBERT, MCDANIEL & SWARTZ, PLLC
   
   1001 TEXAS AVE., SUITE 1250
   HOUSTON, Texas 77002
Mailing Address:    John S. Egbert
   EGBERT, MCDANIEL & SWARTZ, PLLC
   1001 TEXAS AVE., SUITE 1250
   HOUSTON, Texas 77002
        
Serial Number: 88388277
Internet Transmission Date: Mon May 11 19:45:44 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2020051119454457
3780-88388277-710d744f1f777bf348dc170bea
d85cc445a2554b5487aeb5647dbe2d2ca869-N/A
-N/A-20200511193556746353


Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]


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