Response to Office Action

BUTTERFINGER

FerValue USA Inc.

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 88400171
LAW OFFICE ASSIGNED LAW OFFICE 113
MARK SECTION (current)
MARK FILE NAME http://uspto.report/TM/88400171/mark.png
LITERAL ELEMENT BUTTERFINGER
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
The color(s) yellow, blue, red, white, beige, brown, black is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of BUTTERFINGER - A yellow and blue biped holding a package labeled "BUTTERFINGER" in the right hand and showing a "thumbs up" symbol with the left hand.
MARK SECTION (proposed)
MARK FILE NAME \\TICRS\EXPORT17\IMAGEOUT 17\884\001\88400171\xml5\ ROA0002.JPG
LITERAL ELEMENT BUTTERFINGER
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR MARK YES
COLOR(S) CLAIMED
(If applicable)
The color(s) Blue, Yellow, Black, White, Beige and Brown is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of the image of a biped with an overall alien appearance that has yellow and blue skin, black eyes, white teeth, and beige and brown shading. The figure is making a thumbs-up sign with the left hand and is holding a candy bar in its right hand. The candy bar wrapper is yellow with a brown banner imprinted on it, with the wording "BUTTERFINGER" in blue across the center. The elements of the mark appear on a yellow square background.
PIXEL COUNT ACCEPTABLE YES
PIXEL COUNT 800 x 535
SIGNATURE SECTION
RESPONSE SIGNATURE /Chester Rothstein/
SIGNATORY'S NAME Chester Rothstein
SIGNATORY'S POSITION Attorney of Record, Member of the New York State Bar
SIGNATORY'S PHONE NUMBER 212-336-8050
DATE SIGNED 07/12/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Jul 12 11:18:13 EDT 2019
TEAS STAMP USPTO/ROA-XXX.XXX.XXX.XXX
-20190712111813194722-884
00171-620c9db34a1ff327dae
7b0245687fb61995bbd2bcd66
a43ab9e8285287e1f35dac-N/
A-N/A-2019071211054418776
6



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. 88400171 BUTTERFINGER (Stylized and/or with Design, see http://uspto.report/TM/88400171/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: BUTTERFINGER (Stylized and/or with Design, see http://uspto.report/TM/88400171/mark.png)
Proposed: BUTTERFINGER (Stylized and/or with Design, see mark)
The color(s) Blue, Yellow, Black, White, Beige and Brown is/are claimed as a feature of the mark.
The mark consists of the image of a biped with an overall alien appearance that has yellow and blue skin, black eyes, white teeth, and beige and brown shading. The figure is making a thumbs-up sign with the left hand and is holding a candy bar in its right hand. The candy bar wrapper is yellow with a brown banner imprinted on it, with the wording "BUTTERFINGER" in blue across the center. The elements of the mark appear on a yellow square background.

SIGNATURE(S)
Response Signature
Signature: /Chester Rothstein/     Date: 07/12/2019
Signatory's Name: Chester Rothstein
Signatory's Position: Attorney of Record, Member of the New York State Bar

Signatory's Phone Number: 212-336-8050

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: 88400171
Internet Transmission Date: Fri Jul 12 11:18:13 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190712111813
194722-88400171-620c9db34a1ff327dae7b024
5687fb61995bbd2bcd66a43ab9e8285287e1f35d
ac-N/A-N/A-20190712110544187766


Response to Office Action [image/jpeg]


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