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 |
88392644 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 130 |
| MARK SECTION |
| MARK FILE NAME |
http://uspto.report/TM/88392644/mark.png |
| LITERAL ELEMENT |
NY |
| 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 letters and shapes. |
| GOODS AND/OR SERVICES SECTION (021)(no change) |
| GOODS AND/OR SERVICES SECTION (030)(no change) |
| GOODS AND/OR SERVICES SECTION (035)(current) |
| INTERNATIONAL CLASS |
035 |
| DESCRIPTION |
| Retail store services featuring coffee, tea, cocoa, packaged and prepared foods, cups, mugs, tote bags, clothing, caps and hats,
non-electric appliances, coffee makers, coffee drippers; On-line retail store services featuring coffee and coffee related products, cups, mugs, non-electric appliances, namely, beverage makers,
coffee makers, coffee drippers; Wholesale services featuring coffee, non-electric appliances, namely, beverage makers, coffee makers, coffee drippers; Direct mail sales, featuring coffee, cups, mugs,
non-electric appliances, namely, beverage makers, coffee makers, coffee drippers; Retail sales through mobile devices and similar technology featuring coffee and coffee related products, cups, mugs;
non-electric appliances, namely, beverage makers, coffee makers, coffee drippers |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 04/00/2017 |
| FIRST USE IN COMMERCE DATE |
At least as early as 04/00/2017 |
| GOODS AND/OR SERVICES SECTION (035)(proposed) |
| INTERNATIONAL CLASS |
035 |
| TRACKED TEXT DESCRIPTION |
Retail store services featuring coffee, tea, cocoa, packaged and prepared foods, cups, mugs, tote bags, clothing,
caps and hats, non-electric appliances, coffee makers, coffee drippers; On-line retail store services featuring coffee and coffee related products, cups, mugs, non-electric
appliances, namely, beverage makers, coffee makers, coffee drippers; Wholesale services featuring coffee, non-electric appliances, namely, beverage makers,
coffee makers, coffee drippers; Wholesale store services featuring coffee, non-electric appliances, namely, beverage makers, coffee makers, coffee
drippers; Direct mail sales, featuring coffee, cups, mugs, non-electric appliances, namely, beverage makers, coffee makers, coffee drippers; Direct mail order services, featuring coffee, cups, mugs, non-electric appliances, namely, beverage makers, coffee makers, coffee drippers; Retail sales through mobile devices and similar technology featuring coffee and coffee related products, cups, mugs; Online retail store services
accessible through mobile devices and similar technology featuring coffee and coffee related products, cups, mugs, non-electric appliances, namely, beverage makers, coffee makers, coffee
drippers; non-electric appliances, namely, beverage makers, coffee makers, coffee drippers |
| FINAL DESCRIPTION |
| Retail store services featuring coffee, tea, cocoa, packaged and prepared foods, cups, mugs, tote bags, clothing, caps and hats,
non-electric appliances, coffee makers, coffee drippers; On-line retail store services featuring coffee and coffee related products, cups, mugs, non-electric appliances, namely, beverage makers,
coffee makers, coffee drippers; Wholesale store services featuring coffee, non-electric appliances, namely, beverage makers, coffee makers, coffee drippers; Direct mail order services, featuring
coffee, cups, mugs, non-electric appliances, namely, beverage makers, coffee makers, coffee drippers; Online retail store services accessible through mobile devices and similar technology featuring
coffee and coffee related products, cups, mugs, non-electric appliances, namely, beverage makers, coffee makers, coffee drippers |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 04/00/2017 |
| FIRST USE IN COMMERCE DATE |
At least as early as 04/00/2017 |
| GOODS AND/OR SERVICES SECTION (043)(no change) |
| ADDITIONAL STATEMENTS SECTION |
| DISCLAIMER |
No claim is made to the exclusive right to use NY apart from the mark as shown. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the letters "NY" displayed within a coffee cup being held by a human hand with flames emitting from the top of the coffee
cup, all set against a circular background resembling a sun with sun rays. |
| ATTORNEY SECTION (current) |
| NAME |
Mitchell E. Radin |
| ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
| YEAR OF ADMISSION |
NOT SPECIFIED |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
| FIRM NAME |
COLLEN IP, INTELLECTUAL PROPERTY LAW, P.C. |
| INTERNAL ADDRESS |
THE HOLYOKE-MANHATTAN BUILDING |
| STREET |
80 SOUTH HIGHLAND AVENUE |
| CITY |
OSSINING |
| STATE |
New York |
| POSTAL CODE |
10562 |
| COUNTRY |
US |
| PHONE |
914-941-5668 |
| FAX |
(914) 941-6091 |
| EMAIL |
trademark@collenip.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
X855 |
| ATTORNEY SECTION (proposed) |
| NAME |
Mitchell E. Radin |
| ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
| YEAR OF ADMISSION |
XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
| FIRM NAME |
COLLEN IP, INTELLECTUAL PROPERTY LAW, P.C. |
| INTERNAL ADDRESS |
THE HOLYOKE-MANHATTAN BUILDING |
| STREET |
80 SOUTH HIGHLAND AVENUE |
| CITY |
OSSINING |
| STATE |
New York |
| POSTAL CODE |
10562 |
| COUNTRY |
United States |
| PHONE |
914-941-5668 |
| FAX |
(914) 941-6091 |
| EMAIL |
trademark@collenip.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
X855 |
| OTHER APPOINTED ATTORNEY |
Jess M. Collen; Jane F. Collen |
| CORRESPONDENCE SECTION (current) |
| NAME |
MITCHELL E. RADIN |
| FIRM NAME |
COLLEN IP, INTELLECTUAL PROPERTY LAW, P.C. |
| INTERNAL ADDRESS |
THE HOLYOKE-MANHATTAN BUILDING |
| STREET |
80 SOUTH HIGHLAND AVENUE |
| CITY |
OSSINING |
| STATE |
New York |
| POSTAL CODE |
10562 |
| COUNTRY |
US |
| PHONE |
914-941-5668 |
| FAX |
(914) 941-6091 |
| EMAIL |
trademark@collenip.com; tmcollen@collenip.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
X855 |
| CORRESPONDENCE SECTION (proposed) |
| NAME |
Mitchell E. Radin |
| FIRM NAME |
COLLEN IP, INTELLECTUAL PROPERTY LAW, P.C. |
| INTERNAL ADDRESS |
THE HOLYOKE-MANHATTAN BUILDING |
| STREET |
80 SOUTH HIGHLAND AVENUE |
| CITY |
OSSINING |
| STATE |
New York |
| POSTAL CODE |
10562 |
| COUNTRY |
United States |
| PHONE |
914-941-5668 |
| FAX |
(914) 941-6091 |
| EMAIL |
trademark@collenip.com; tmcollen@collenip.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
X855 |
| SIGNATURE SECTION |
| ORIGINAL PDF FILE |
HS_711254634-162741706_._X855_executed_Declaration_in_Support_of_Application_191112.PDF |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\883\926\88392644\xml5\ROA0002.JPG |
| SIGNATORY'S NAME |
Luca Tesconi |
| SIGNATORY'S POSITION |
Owner |
| SIGNATORY'S NAME |
Andrea Alimonta |
| SIGNATORY'S POSITION |
Owner |
| RESPONSE SIGNATURE |
/Mitchell E. Radin/ |
| SIGNATORY'S NAME |
Mitchell E. Radin |
| SIGNATORY'S POSITION |
Partner, Collen IP, New York State Bar Member |
| DATE SIGNED |
12/16/2019 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Mon Dec 16 17:37:46 EST 2019 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XX-20
191216173746410607-883926
44-700c37c41ce78819483ecc
781ea23ac7b4b2a4b1a899bbf
73f494cc9cf6f8674b-N/A-N/
A-20191216173419472306 |
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.
88392644 NY (Stylized and/or with Design, see http://uspto.report/TM/88392644/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Retail store services featuring coffee, tea, cocoa, packaged and prepared foods, cups, mugs, tote bags, clothing, caps and hats, non-electric appliances, coffee makers,
coffee drippers; On-line retail store services featuring coffee and coffee related products, cups, mugs, non-electric appliances, namely, beverage makers, coffee makers, coffee drippers; Wholesale
services featuring coffee, non-electric appliances, namely, beverage makers, coffee makers, coffee drippers; Direct mail sales, featuring coffee, cups, mugs, non-electric appliances, namely, beverage
makers, coffee makers, coffee drippers; Retail sales through mobile devices and similar technology featuring coffee and coffee related products, cups, mugs; non-electric appliances, namely, beverage
makers, coffee makers, coffee drippers
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 04/00/2017 and first used in commerce at least as early as 04/00/2017 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Retail store services featuring coffee, tea, cocoa, packaged and prepared foods, cups, mugs, tote bags, clothing, caps and hats, non-electric
appliances, coffee makers, coffee drippers;
On-line retail store services featuring coffee and coffee related products, cups, mugs, non-electric appliances, namely,
beverage makers, coffee makers, coffee drippers;
Wholesale services featuring coffee, non-electric appliances, namely, beverage makers, coffee makers, coffee
drippers;
Wholesale store services featuring coffee, non-electric appliances, namely, beverage makers, coffee makers, coffee drippers;
Direct mail sales, featuring coffee, cups, mugs, non-electric appliances, namely, beverage makers, coffee makers, coffee drippers;
Direct mail
order services, featuring coffee, cups, mugs, non-electric appliances, namely, beverage makers, coffee makers, coffee drippers;
Retail sales through mobile
devices and similar technology featuring coffee and coffee related products, cups, mugs;
Online retail store services accessible through mobile devices and
similar technology featuring coffee and coffee related products, cups, mugs, non-electric appliances, namely, beverage makers, coffee makers, coffee drippers;
non-electric appliances, namely, beverage makers, coffee makers, coffee drippersClass 035 for Retail store services featuring coffee, tea, cocoa, packaged and prepared foods, cups,
mugs, tote bags, clothing, caps and hats, non-electric appliances, coffee makers, coffee drippers; On-line retail store services featuring coffee and coffee related products, cups, mugs, non-electric
appliances, namely, beverage makers, coffee makers, coffee drippers; Wholesale store services featuring coffee, non-electric appliances, namely, beverage makers, coffee makers, coffee drippers;
Direct mail order services, featuring coffee, cups, mugs, non-electric appliances, namely, beverage makers, coffee makers, coffee drippers; Online retail store services accessible through mobile
devices and similar technology featuring coffee and coffee related products, cups, mugs, non-electric appliances, namely, beverage makers, coffee makers, coffee drippers
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 04/00/2017 and first used in commerce at least as early as 04/00/2017 , and
is now in use in such commerce.
The applicant's current attorney information: Mitchell E. Radin. Mitchell E. Radin of COLLEN IP, INTELLECTUAL PROPERTY LAW, P.C., is located at
THE HOLYOKE-MANHATTAN BUILDING
80 SOUTH HIGHLAND AVENUE
OSSINING, New York 10562
US
The docket/reference number is X855.
The phone number is 914-941-5668.
The fax number is (914) 941-6091.
The email address is trademark@collenip.com
The applicants proposed attorney information: Mitchell E. Radin. Other appointed attorneys are Jess M. Collen; Jane F. Collen. Mitchell E. Radin of COLLEN IP, INTELLECTUAL PROPERTY LAW, P.C., is
a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
THE HOLYOKE-MANHATTAN BUILDING
80 SOUTH HIGHLAND AVENUE
OSSINING, New York 10562
United States
The docket/reference number is X855.
The phone number is 914-941-5668.
The fax number is (914) 941-6091.
The email address is trademark@collenip.com
Mitchell E. Radin 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: MITCHELL E. RADIN. MITCHELL E. RADIN of COLLEN IP, INTELLECTUAL PROPERTY LAW, P.C., is located at
THE HOLYOKE-MANHATTAN BUILDING
80 SOUTH HIGHLAND AVENUE
OSSINING, New York 10562
US
The docket/reference number is X855.
The phone number is 914-941-5668.
The fax number is (914) 941-6091.
The email address is trademark@collenip.com; tmcollen@collenip.com
The applicants proposed correspondence information: Mitchell E. Radin. Mitchell E. Radin of COLLEN IP, INTELLECTUAL PROPERTY LAW, P.C., is located at
THE HOLYOKE-MANHATTAN BUILDING
80 SOUTH HIGHLAND AVENUE
OSSINING, New York 10562
United States
The docket/reference number is X855.
The phone number is 914-941-5668.
The fax number is (914) 941-6091.
The email address is trademark@collenip.com; tmcollen@collenip.com
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use NY apart from the mark as shown.
Description of mark
The mark consists of the letters "NY" displayed within a coffee cup being held by a human hand with flames emitting from the top of the coffee cup, all set against a circular background resembling a
sun with sun rays.
SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_711254634-162741706_._X855_executed_Declaration_in_Support_of_Application_191112.PDF
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Luca Tesconi
Signatory's Position: Owner
Signatory's Name: Andrea Alimonta
Signatory's Position: Owner
Response Signature
Signature: /Mitchell E. Radin/ Date: 12/16/2019
Signatory's Name: Mitchell E. Radin
Signatory's Position: Partner, Collen IP, New York State Bar Member
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: MITCHELL E. RADIN
COLLEN IP, INTELLECTUAL PROPERTY LAW, P.C.
THE HOLYOKE-MANHATTAN BUILDING
80 SOUTH HIGHLAND AVENUE
OSSINING, New York 10562
Mailing Address: Mitchell E. Radin
COLLEN IP, INTELLECTUAL PROPERTY LAW, P.C.
THE HOLYOKE-MANHATTAN BUILDING
80 SOUTH HIGHLAND AVENUE
OSSINING, New York 10562
Serial Number: 88392644
Internet Transmission Date: Mon Dec 16 17:37:46 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20191216173746410
607-88392644-700c37c41ce78819483ecc781ea
23ac7b4b2a4b1a899bbf73f494cc9cf6f8674b-N
/A-N/A-20191216173419472306
