To: | Beliv LLC (trademarksca@ferraiuoli.com) |
Subject: | U.S. Trademark Application Serial No. 88402252 - OCA - N/A |
Sent: | July 13, 2019 02:57:52 PM |
Sent As: | ecom118@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88402252
Mark: OCA
|
|
Correspondence Address: CRISTINA ARENAS; FERRAIUOLI LLC |
|
Applicant: Beliv LLC
|
|
Reference/Docket No. N/A
Correspondence Email Address: |
|
EXAMINER’S AMENDMENT
USPTO database searched; no conflicting marks found. The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
Application has been amended as shown below. As agreed to by Cristina Arenas on July 11, 2019, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections. TMEP §707. Otherwise, no response is required. Id. In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted. 37 C.F.R. §2.71(a).
The mark description of record is amended to the following: The mark consists of the vertically-positioned lettering “OCA” in stylized font whereby the letter “O” is formed by designs of a red branch attached to orange and yellow fruits, green and white leaves, orange and yellow fruits and orange and red vegetables, the letter “C” is formed by designs of a red branch attached to orange and yellow fruits, green and white leaves and orange and red vegetables and the letter “A” is formed by designs of a red branch attached to orange and yellow fruits, green and white leaves and orange and red vegetables, all displayed against a beige field. 37 C.F.R. §2.37; TMEP §§808 et seq.
The color claim statement of record is amended to the following: “The colors red, orange, yellow, green, white and beige are claimed features of the mark.” 37 C.F.R. §7.12; TMEP §§808 et seq.
Identification of Goods
The identification of goods is amended to read as follows: “Mineral waters; drinking water charged under pressure with carbon dioxide gas; carbonated waters; non-alcoholic beverages, namely, energy drinks, fruit beverages, fruit drinks, fruit flavored drinks, fruit nectars, fruit-based beverages, fruit-flavored beverages, aerated waters, carbonated waters, non-alcoholic beverages containing fruit juices, non-alcoholic beverages flavored with coffee, non-alcoholic beverages flavored with tea and non-alcoholic beverages in the nature of carbonated beverages; fruit juices; concentrates, syrups or powders used in the preparation of the aforementioned goods”, in International Class 32. TMEP §1402.01(e).
Applicant indicated that the lettering “OCA” has no meaning or geographic significance in relation to the identified goods other than trademark significance. See 37 C.F.R. §2.61(b); TMEP §808.01(a).
Miscellaneous
If applicant has questions about its application or needs further assistance, please telephone the assigned trademark examining attorney directly at the number below.
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $50 per international class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
/David Yontef/
Trademark Examining Attorney
Law Office 118
(571) 272-8274
david.yontef@uspto.gov