Response to Office Action

HERBOLARIO BAR CONSCIENTE

DAVID ORTIGOSA TORRES, RODRIGO

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 88429621
LAW OFFICE ASSIGNED LAW OFFICE 108
MARK SECTION
MARK http://uspto.report/TM/88429621/mark.png
LITERAL ELEMENT HERBOLARIO BAR CONSCIENTE
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use BAR apart from the mark as shown.
MISCELLANEOUS STATEMENT It is hereby clarified that applicant's name is RODRIGO DAVID ORTIGOSA TORRES. Applicant's first name is Rodrigo. Applicant does not have a middle name. "David Ortigosa" comprises applicant's father surname and Torres comprises applicant's mother's surname. In Mexico, individuals use both their father's and the mother's surnames as part of their legal names. Accordingly, the correct and complete name of the applicant is RODRIGO DAVID ORTIGOSA TORRES, an individual citizen of Mexico. As far as the request for information, the services sought to be covered by the applied-for mark are bar services whereby non-alcoholic drinks. The drinks that will be dispensed. Beverages that will be the object of applicant's bar services will include fruit juices, lattes, coca, chocolate, tascalate, atole, teas and infusions, shrubs, fresh waters, elixirs, aphrodisiacs, tonics, digestives, energy drinks, among others. The word CONSCIENTE, CONSCIOUS as it is translated to English, is being used in the mark in a purely arbitrary manner. The applicant does not raise or lower people's consciousness through its services. There is no such thing as a conscious bar or bar of consciousness and applicant's drinks do not raise or lower people's consciousness. Applicant's services simply consist of a bar that serves healthy drinks for consumption on or off the premises. Furthermore, the word is CONSCIENTE or CONSCIOUS is an adjective that means to be aware or one's own existence, to having one's mental processes fully active and also means deliberate and intentional. Clearly these are qualities that refer to people. A bar cannot conscious or not conscious. CONSCIOUS BAR does not mean anything. Is a purely arbitrary combination of words. Clearly, the word CONSCIENTE does not describe anything about applicant's services. Applicant is not an herbalist but he has received advice from herbalists as part of the process of creating and developing these services and the HERBOLARIO BAR CONSCIENTE brand concept. There is no such thing as a herbalist bar. The term herbalist refers to a person who grows, collects, sells or specializes in the use of medicinal herbs. Is a concept that identifies a person who grows, collects, sells or specializes in the use of medicinal herbs. So again, there is no such thing as a herbalist bar. Lastly, the non-alcoholic drinks planned to served at the HERBOLARIO BAR CONSCIENTE bar may or may not contain herbs. As far as fact sheets and brochures that may help the examining attorney obtain a better understanding of applicant's services, applicant hereby submits a brochure of the HERBOLARIO BAR CONSCIENTE concept that he is developing in Mexico. The material is in Spanish. Applicant can submit an English translation of the same if so required.
        MISCELLANEOUS FILE NAME(S)
       ORIGINAL PDF FILE mis-1991153124-20200130234445090557_._Herbolario.pdf
       CONVERTED PDF FILE(S)
       (18 pages)
\\TICRS\EXPORT17\IMAGEOUT17\884\296\88429621\xml8\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\296\88429621\xml8\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\296\88429621\xml8\ROA0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\296\88429621\xml8\ROA0005.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\296\88429621\xml8\ROA0006.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\296\88429621\xml8\ROA0007.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\296\88429621\xml8\ROA0008.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\296\88429621\xml8\ROA0009.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\296\88429621\xml8\ROA0010.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\296\88429621\xml8\ROA0011.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\296\88429621\xml8\ROA0012.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\296\88429621\xml8\ROA0013.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\296\88429621\xml8\ROA0014.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\296\88429621\xml8\ROA0015.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\296\88429621\xml8\ROA0016.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\296\88429621\xml8\ROA0017.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\296\88429621\xml8\ROA0018.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\296\88429621\xml8\ROA0019.JPG
ATTORNEY SECTION (current)
NAME Vivian Ortiz-Ponce
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME MARCAS ESTADOS UNIDOS
STREET P.O. BOX 9024163
CITY SAN JUAN
STATE Puerto Rico
POSTAL CODE 00902-4163
COUNTRY US
PHONE 787-722-3446
FAX 787-725-3144
EMAIL mail@marcas-estadosunidos.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
ATTORNEY SECTION (proposed)
NAME Vivian Ortiz-Ponce
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME MARCAS ESTADOS UNIDOS
STREET P.O. BOX 9024163
CITY SAN JUAN
POSTAL CODE 00902-4163
COUNTRY Puerto Rico
PHONE 787-722-3446
FAX 787-725-3144
EMAIL mail@marcas-estadosunidos.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
OTHER APPOINTED ATTORNEY Arturo Perez-Guerrero
CORRESPONDENCE SECTION (current)
NAME VIVIAN ORTIZ-PONCE
FIRM NAME MARCAS ESTADOS UNIDOS
STREET P.O. BOX 9024163
CITY SAN JUAN
STATE Puerto Rico
POSTAL CODE 00902-4163
COUNTRY US
PHONE 787-722-3446
FAX 787-725-3144
EMAIL mail@marcas-estadosunidos.com; arturo@perezguerrero.com; serviciosmarcarios@yahoo.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (proposed)
NAME Vivian Ortiz-Ponce
FIRM NAME MARCAS ESTADOS UNIDOS
STREET P.O. BOX 9024163
CITY SAN JUAN
POSTAL CODE 00902-4163
COUNTRY Puerto Rico
PHONE 787-722-3446
FAX 787-725-3144
EMAIL mail@marcas-estadosunidos.com; serviciosmarcarios@yahoo.com; arturo@perezguerrero.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
SIGNATURE SECTION
RESPONSE SIGNATURE /Vivian Ortiz-Ponce/
SIGNATORY'S NAME Vivian Ortiz-Ponce
SIGNATORY'S POSITION applicant's attorney, Puerto Rico bar member
SIGNATORY'S PHONE NUMBER 7877223446
DATE SIGNED 01/30/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Jan 30 23:48:44 EST 2020
TEAS STAMP USPTO/ROA-XXX.X.XXX.XXX-2
0200130234844149562-88429
621-7005ebd34b5106a4930b2
c7d46a1c14b4f56cd418bfd76
3ac5bed5d9a514825506a-N/A
-N/A-20200130234445090557



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. 88429621 HERBOLARIO BAR CONSCIENTE(Standard Characters, see http://uspto.report/TM/88429621/mark.png) has been amended as follows:

The applicant's current attorney information: Vivian Ortiz-Ponce. Vivian Ortiz-Ponce of MARCAS ESTADOS UNIDOS, is located at

      P.O. BOX 9024163
      SAN JUAN, Puerto Rico 00902-4163
      US

The phone number is 787-722-3446.

The fax number is 787-725-3144.

The email address is mail@marcas-estadosunidos.com

The applicants proposed attorney information: Vivian Ortiz-Ponce. Other appointed attorneys are Arturo Perez-Guerrero. Vivian Ortiz-Ponce of MARCAS ESTADOS UNIDOS, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      P.O. BOX 9024163
      SAN JUAN, 00902-4163
      Puerto Rico

The phone number is 787-722-3446.

The fax number is 787-725-3144.

The email address is mail@marcas-estadosunidos.com

Vivian Ortiz-Ponce 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: VIVIAN ORTIZ-PONCE. VIVIAN ORTIZ-PONCE of MARCAS ESTADOS UNIDOS, is located at

      P.O. BOX 9024163
      SAN JUAN, Puerto Rico 00902-4163
      US

The phone number is 787-722-3446.

The fax number is 787-725-3144.

The email address is mail@marcas-estadosunidos.com; arturo@perezguerrero.com; serviciosmarcarios@yahoo.com

The applicants proposed correspondence information: Vivian Ortiz-Ponce. Vivian Ortiz-Ponce of MARCAS ESTADOS UNIDOS, is located at

      P.O. BOX 9024163
      SAN JUAN, 00902-4163
      Puerto Rico

The phone number is 787-722-3446.

The fax number is 787-725-3144.

The email address is mail@marcas-estadosunidos.com; serviciosmarcarios@yahoo.com; arturo@perezguerrero.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use BAR apart from the mark as shown.


Miscellaneous Statement
It is hereby clarified that applicant's name is RODRIGO DAVID ORTIGOSA TORRES. Applicant's first name is Rodrigo. Applicant does not have a middle name. "David Ortigosa" comprises applicant's father surname and Torres comprises applicant's mother's surname. In Mexico, individuals use both their father's and the mother's surnames as part of their legal names. Accordingly, the correct and complete name of the applicant is RODRIGO DAVID ORTIGOSA TORRES, an individual citizen of Mexico. As far as the request for information, the services sought to be covered by the applied-for mark are bar services whereby non-alcoholic drinks. The drinks that will be dispensed. Beverages that will be the object of applicant's bar services will include fruit juices, lattes, coca, chocolate, tascalate, atole, teas and infusions, shrubs, fresh waters, elixirs, aphrodisiacs, tonics, digestives, energy drinks, among others. The word CONSCIENTE, CONSCIOUS as it is translated to English, is being used in the mark in a purely arbitrary manner. The applicant does not raise or lower people's consciousness through its services. There is no such thing as a conscious bar or bar of consciousness and applicant's drinks do not raise or lower people's consciousness. Applicant's services simply consist of a bar that serves healthy drinks for consumption on or off the premises. Furthermore, the word is CONSCIENTE or CONSCIOUS is an adjective that means to be aware or one's own existence, to having one's mental processes fully active and also means deliberate and intentional. Clearly these are qualities that refer to people. A bar cannot conscious or not conscious. CONSCIOUS BAR does not mean anything. Is a purely arbitrary combination of words. Clearly, the word CONSCIENTE does not describe anything about applicant's services. Applicant is not an herbalist but he has received advice from herbalists as part of the process of creating and developing these services and the HERBOLARIO BAR CONSCIENTE brand concept. There is no such thing as a herbalist bar. The term herbalist refers to a person who grows, collects, sells or specializes in the use of medicinal herbs. Is a concept that identifies a person who grows, collects, sells or specializes in the use of medicinal herbs. So again, there is no such thing as a herbalist bar. Lastly, the non-alcoholic drinks planned to served at the HERBOLARIO BAR CONSCIENTE bar may or may not contain herbs. As far as fact sheets and brochures that may help the examining attorney obtain a better understanding of applicant's services, applicant hereby submits a brochure of the HERBOLARIO BAR CONSCIENTE concept that he is developing in Mexico. The material is in Spanish. Applicant can submit an English translation of the same if so required.

Original PDF file:
mis-1991153124-20200130234445090557_._Herbolario.pdf
Converted PDF file(s) ( 18 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Miscellaneous File5
Miscellaneous File6
Miscellaneous File7
Miscellaneous File8
Miscellaneous File9
Miscellaneous File10
Miscellaneous File11
Miscellaneous File12
Miscellaneous File13
Miscellaneous File14
Miscellaneous File15
Miscellaneous File16
Miscellaneous File17
Miscellaneous File18

SIGNATURE(S)
Response Signature
Signature: /Vivian Ortiz-Ponce/     Date: 01/30/2020
Signatory's Name: Vivian Ortiz-Ponce
Signatory's Position: applicant's attorney, Puerto Rico bar member

Signatory's Phone Number: 7877223446

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:    VIVIAN ORTIZ-PONCE
   MARCAS ESTADOS UNIDOS
   
   P.O. BOX 9024163
   SAN JUAN, Puerto Rico 00902-4163
Mailing Address:    Vivian Ortiz-Ponce
   MARCAS ESTADOS UNIDOS
   P.O. BOX 9024163
   SAN JUAN, 00902-4163
        
Serial Number: 88429621
Internet Transmission Date: Thu Jan 30 23:48:44 EST 2020
TEAS Stamp: USPTO/ROA-XXX.X.XXX.XXX-2020013023484414
9562-88429621-7005ebd34b5106a4930b2c7d46
a1c14b4f56cd418bfd763ac5bed5d9a514825506
a-N/A-N/A-20200130234445090557


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