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 |
88492683 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 104 |
| MARK SECTION |
| MARK FILE NAME |
http://uspto.report/TM/88492683/mark.png |
| LITERAL ELEMENT |
KITCHENRAKU KR |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the wording"KitchenRaku" in stylized form with a irregular shape above of the word. |
| ARGUMENT(S) |
|
Applicant mistakenly identified that the term "Raku" in Chinese means "Happy". In fact, the term has no meaning in the Chinese language and Applicant will amend its application to indicate that
the term does not have any meaning in a foreign language. Applicant has attached a Google translation of the word "Happy" into "Chinese" and the translation is "Kuai le" not
"Raku". As such, both the cited registration and the prior-pending application both include the word "Happy", which is likely what caused the Examiner to issue the initial refusals.
Given that the term "Raku" does not mean "Happy" and that the term "Kitchen" is a descriptive term in the cited marks, Applicant does not believe there is any confusion
between its arbitrary mark and the cited marks. Applicant kindly requests that the Examiner reconsider the refusals and approve the mark for publication
|
| EVIDENCE SECTION |
| EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
evi_70183119142-20191121101543765903_._Translation_of_Happy_in_Chinese.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\884\926\88492683\xml5\ROA0002.JPG |
| DESCRIPTION OF EVIDENCE FILE |
Translation of "Happy" in to Chinese |
| ADDITIONAL STATEMENTS SECTION |
| TRANSLATION |
The wording RAKU has no meaning in a foreign language. |
| ATTORNEY SECTION (new) |
| NAME |
Adriano Pacifici |
| ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
| YEAR OF ADMISSION |
XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
| FIRM NAME |
Intellectual Property Consulting, LLC |
| INTERNAL ADDRESS |
Suite B |
| STREET |
334 Carondelet Street |
| CITY |
New Orleans |
| STATE |
Louisiana |
| POSTAL CODE |
70130 |
| COUNTRY |
United States |
| PHONE |
504-323-6600 |
| EMAIL |
apacifici@iplawconsulting.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
00981 |
| CORRESPONDENCE SECTION (current) |
| NAME |
XIONG ZI HONG |
| INTERNAL ADDRESS |
1803 ZHONGAN BUILDING, GUANGCHANG ROAD |
| STREET |
BUJI STREET, LONGGANG DISTRICT |
| CITY |
SHENZHEN CITY |
| POSTAL CODE |
518000 |
| COUNTRY |
CN |
| PHONE |
+86- |
| EMAIL |
wuyiyu@dhpto.com; spdhpto@foxmail.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| CORRESPONDENCE SECTION (proposed) |
| NAME |
Adriano Pacifici |
| FIRM NAME |
Intellectual Property Consulting, LLC |
| INTERNAL ADDRESS |
Suite B |
| STREET |
334 Carondelet Street |
| CITY |
New Orleans |
| STATE |
Louisiana |
| POSTAL CODE |
70130 |
| COUNTRY |
United States |
| PHONE |
504-323-6600 |
| EMAIL |
apacifici@iplawconsulting.com; trademarks@iplawconsulting.com; wuyiyu@dhpto.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
00981 |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/APacifici/ |
| SIGNATORY'S NAME |
Adriano Pacifici |
| SIGNATORY'S POSITION |
Attorney of record |
| SIGNATORY'S PHONE NUMBER |
504-323-6600 |
| DATE SIGNED |
11/21/2019 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Thu Nov 21 10:47:45 EST 2019 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XXX-
20191121104745762451-8849
2683-70065b24c356f2846e7a
fdbac8cce61ae5e9f84db75cc
1b792859b06dd446e651-N/A-
N/A-20191121101543765903 |
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.
88492683 KITCHENRAKU KR (Stylized and/or with Design, see http://uspto.report/TM/88492683/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant mistakenly identified that the term "Raku" in Chinese means "Happy". In fact, the term has no meaning in the Chinese language and Applicant will amend its application to indicate that
the term does not have any meaning in a foreign language. Applicant has attached a Google translation of the word "Happy" into "Chinese" and the translation is "Kuai le" not
"Raku". As such, both the cited registration and the prior-pending application both include the word "Happy", which is likely what caused the Examiner to issue the initial refusals.
Given that the term "Raku" does not mean "Happy" and that the term "Kitchen" is a descriptive term in the cited marks, Applicant does not believe there is any confusion
between its arbitrary mark and the cited marks. Applicant kindly requests that the Examiner reconsider the refusals and approve the mark for publication
EVIDENCE
Evidence in the nature of Translation of "Happy" in to Chinese has been attached.
Original PDF file:
evi_70183119142-20191121101543765903_._Translation_of_Happy_in_Chinese.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
The applicant hereby appoints Adriano Pacifici. Adriano Pacifici of Intellectual Property Consulting, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is
located at
Suite B
334 Carondelet Street
New Orleans, Louisiana 70130
United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is 00981.
The phone number is 504-323-6600.
The email address is apacifici@iplawconsulting.com
Adriano Pacifici 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: XIONG ZI HONG. XIONG ZI HONG, is located at
1803 ZHONGAN BUILDING, GUANGCHANG ROAD
BUJI STREET, LONGGANG DISTRICT
SHENZHEN CITY, 518000
CN
The phone number is +86-.
The email address is wuyiyu@dhpto.com; spdhpto@foxmail.com
The applicants proposed correspondence information: Adriano Pacifici. Adriano Pacifici of Intellectual Property Consulting, LLC, is located at
Suite B
334 Carondelet Street
New Orleans, Louisiana 70130
United States
The docket/reference number is 00981.
The phone number is 504-323-6600.
The email address is apacifici@iplawconsulting.com; trademarks@iplawconsulting.com; wuyiyu@dhpto.com
ADDITIONAL STATEMENTS
Translation
The wording RAKU has no meaning in a foreign language.
SIGNATURE(S)
Response Signature
Signature: /APacifici/ Date: 11/21/2019
Signatory's Name: Adriano Pacifici
Signatory's Position: Attorney of record
Signatory's Phone Number: 504-323-6600
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: XIONG ZI HONG
1803 ZHONGAN BUILDING, GUANGCHANG ROAD
BUJI STREET, LONGGANG DISTRICT
SHENZHEN CITY, 518000
Mailing Address: Adriano Pacifici
Intellectual Property Consulting, LLC
Suite B
334 Carondelet Street
New Orleans, Louisiana 70130
Serial Number: 88492683
Internet Transmission Date: Thu Nov 21 10:47:45 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201911211047457
62451-88492683-70065b24c356f2846e7afdbac
8cce61ae5e9f84db75cc1b792859b06dd446e651
-N/A-N/A-20191121101543765903
