Examiners Amendment

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

EXAMINER’S AMENDMENT

 

Issue date:  July 13, 2019

 

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).

Description of Mark

 

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.

 

 

 

Claim of Color

 

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).

Significance of Lettering in Mark

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

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on July 13, 2019 for

U.S. Trademark Application Serial No. 88402252

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

/David Yontef/

Trademark Examining Attorney

Law Office 118

(571) 272-8274

david.yontef@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

GENERAL GUIDANCE

·       Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·       Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·       Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”