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 |
88479854 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 102 |
| MARK SECTION |
| MARK FILE NAME |
http://uspto.report/TM/88479854/mark.png |
| LITERAL ELEMENT |
YELLOW ROSE |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
The color(s) YELLOW AND GREEN is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of a graphical depiction of a single rose in the color yellow and a lime wedge in the color green all of which is above the
term YELLOW ROSE, which has a yellow line above and below the term YELLOW ROSE. |
| ARGUMENT(S) |
| There is no reasonable likelihood of confusion by and between Registrant's trademark for "alcoholic beverages" and Applicant's trademark for
"non-alcoholic cocktail mixes." These products are distinct because one is alcoholic and the other is not alcoholic. Also, Applicant's logo and bright colors makes their product very distinctive. A
view of Registrant's specimens shows they sell whiskey. Applicant's "non-alcoholic cocktail mixes" are typically mixed with tequila - not whiskey. Please reconsider the refusal. |
| ADDITIONAL STATEMENTS SECTION |
| MISCELLANEOUS STATEMENT |
Color claim: "The colors yellow, green, gray and white are claimed as a feature of the mark." Description: The mark consists of a graphical
depiction of a single rose in the color yellow with yellow shading, casting a gray shadow, and a lime wedge in the colors green and white, all of which is above the term "YELLOW ROSE" in the color
yellow. Yellow lines are above and below the term "YELLOW ROSE". |
| ATTORNEY SECTION (current) |
| NAME |
RICHARD L MORRIS JR ESQ |
| ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
| YEAR OF ADMISSION |
NOT SPECIFIED |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
| FIRM NAME |
TRADEMARKRENEWALS.COM |
| INTERNAL ADDRESS |
C/O 1-800-4-TRADEMARK |
| STREET |
P.O. BOX 398538 |
| CITY |
MIAMI BEACH |
| STATE |
Florida |
| POSTAL CODE |
33239 |
| COUNTRY |
US |
| PHONE |
305-673-6686 |
| FAX |
3056736872 |
| EMAIL |
richard@4trademark.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| ATTORNEY SECTION (proposed) |
| NAME |
RICHARD L MORRIS JR ESQ |
| ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
| YEAR OF ADMISSION |
XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
| FIRM NAME |
TRADEMARKRENEWALS.COM |
| INTERNAL ADDRESS |
C/O 1-800-4-TRADEMARK |
| STREET |
P.O. BOX 398538 |
| CITY |
MIAMI BEACH |
| STATE |
Florida |
| POSTAL CODE |
33239 |
| COUNTRY |
United States |
| PHONE |
305-673-6686 |
| FAX |
3056736872 |
| EMAIL |
richard@4trademark.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| CORRESPONDENCE SECTION (current) |
| NAME |
RICHARD L MORRIS JR ESQ |
| FIRM NAME |
TRADEMARKRENEWALS.COM |
| INTERNAL ADDRESS |
C/O 1-800-4-TRADEMARK |
| STREET |
P.O. BOX 398538 |
| CITY |
MIAMI BEACH |
| STATE |
Florida |
| POSTAL CODE |
33239 |
| COUNTRY |
US |
| PHONE |
305-673-6686 |
| FAX |
3056736872 |
| EMAIL |
richard@4trademark.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| CORRESPONDENCE SECTION (proposed) |
| NAME |
RICHARD L MORRIS JR ESQ |
| FIRM NAME |
TRADEMARKRENEWALS.COM |
| INTERNAL ADDRESS |
C/O 1-800-4-TRADEMARK |
| STREET |
P.O. BOX 398538 |
| CITY |
MIAMI BEACH |
| STATE |
Florida |
| POSTAL CODE |
33239 |
| COUNTRY |
United States |
| PHONE |
305-673-6686 |
| FAX |
3056736872 |
| EMAIL |
richard@4trademark.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/rmorris/ |
| SIGNATORY'S NAME |
RICHARD L MORRIS JR ESQ |
| SIGNATORY'S POSITION |
ATTORNEY OF RECORD |
| SIGNATORY'S PHONE NUMBER |
3056736686 |
| DATE SIGNED |
01/30/2020 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Thu Jan 30 09:23:12 EST 2020 |
| TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XXX-2
0200130092312257631-88479
854-7008cae579e71386a6d6b
16fa2819155fad50414c4113c
3a692f9db817fb0bf3f-N/A-N
/A-20200130091823231361 |
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.
88479854 YELLOW ROSE (Stylized and/or with Design, see http://uspto.report/TM/88479854/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
There is no reasonable likelihood of confusion by and between Registrant's trademark for "alcoholic beverages" and Applicant's trademark for "non-alcoholic cocktail mixes." These products are
distinct because one is alcoholic and the other is not alcoholic. Also, Applicant's logo and bright colors makes their product very distinctive. A view of Registrant's specimens shows they sell
whiskey. Applicant's "non-alcoholic cocktail mixes" are typically mixed with tequila - not whiskey. Please reconsider the refusal.
The applicant's current attorney information: RICHARD L MORRIS JR ESQ. RICHARD L MORRIS JR ESQ of TRADEMARKRENEWALS.COM, is located at
C/O 1-800-4-TRADEMARK
P.O. BOX 398538
MIAMI BEACH, Florida 33239
US
The phone number is 305-673-6686.
The fax number is 3056736872.
The email address is richard@4trademark.com
The applicants proposed attorney information: RICHARD L MORRIS JR ESQ. RICHARD L MORRIS JR ESQ of TRADEMARKRENEWALS.COM, is a member of the XX bar, admitted to the bar in XXXX, bar membership
no. XXX, is located at
C/O 1-800-4-TRADEMARK
P.O. BOX 398538
MIAMI BEACH, Florida 33239
United States
The phone number is 305-673-6686.
The fax number is 3056736872.
The email address is richard@4trademark.com
RICHARD L MORRIS JR ESQ 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: RICHARD L MORRIS JR ESQ. RICHARD L MORRIS JR ESQ of TRADEMARKRENEWALS.COM, is located at
C/O 1-800-4-TRADEMARK
P.O. BOX 398538
MIAMI BEACH, Florida 33239
US
The phone number is 305-673-6686.
The fax number is 3056736872.
The email address is richard@4trademark.com
The applicants proposed correspondence information: RICHARD L MORRIS JR ESQ. RICHARD L MORRIS JR ESQ of TRADEMARKRENEWALS.COM, is located at
C/O 1-800-4-TRADEMARK
P.O. BOX 398538
MIAMI BEACH, Florida 33239
United States
The phone number is 305-673-6686.
The fax number is 3056736872.
The email address is richard@4trademark.com
ADDITIONAL STATEMENTS
Miscellaneous Statement
Color claim: "The colors yellow, green, gray and white are claimed as a feature of the mark." Description: The mark consists of a graphical depiction of a single rose in the color yellow with yellow
shading, casting a gray shadow, and a lime wedge in the colors green and white, all of which is above the term "YELLOW ROSE" in the color yellow. Yellow lines are above and below the term "YELLOW
ROSE".
SIGNATURE(S)
Response Signature
Signature: /rmorris/ Date: 01/30/2020
Signatory's Name: RICHARD L MORRIS JR ESQ
Signatory's Position: ATTORNEY OF RECORD
Signatory's Phone Number: 3056736686
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: RICHARD L MORRIS JR ESQ
TRADEMARKRENEWALS.COM
C/O 1-800-4-TRADEMARK
P.O. BOX 398538
MIAMI BEACH, Florida 33239
Mailing Address: RICHARD L MORRIS JR ESQ
TRADEMARKRENEWALS.COM
C/O 1-800-4-TRADEMARK
P.O. BOX 398538
MIAMI BEACH, Florida 33239
Serial Number: 88479854
Internet Transmission Date: Thu Jan 30 09:23:12 EST 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2020013009231225
7631-88479854-7008cae579e71386a6d6b16fa2
819155fad50414c4113c3a692f9db817fb0bf3f-
N/A-N/A-20200130091823231361