Response to Office Action

MEGA

Kamolicel Ltd.

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 88623699
LAW OFFICE ASSIGNED LAW OFFICE 112
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88623699/mark.png
LITERAL ELEMENT MEGA
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
The color(s) red, and blue is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of a solid red circle with a cutout of the word MEGA in capital letters centered in the middle, and twelve small, solid blue stars evenly spaced between each other surrounding the outer perimeter of the red circle.
OWNER SECTION (current)
NAME Kamolicel Ltd.
INTERNAL ADDRESS Marcy Building, 2nd Floor Purcell Estate
MAILING ADDRESS P.O. Box 2416
CITY Road Town
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY British Virgin Islands
OWNER SECTION (proposed)
NAME Kamolicel Ltd.
INTERNAL ADDRESS Marcy Building, 2nd Floor Purcell Estate
MAILING ADDRESS P.O. Box 2416
CITY Road Town
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY British Virgin Islands
EMAIL XXXX
ADDITIONAL STATEMENTS SECTION
COLOR(S) CLAIMED
(If applicable)
The color(s) red, blue, and white is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of a solid red circle with a cutout of the word MEGA in capital letters centered in the middle, and twelve small, solid blue stars evenly spaced between each other surrounding the outer perimeter of the red circle.
MISCELLANEOUS STATEMENT Responsive to the Office Action issued on the instant application, Applicant responds as follows: 1) PRIOR-FILED PENDING APPLICATION - The trademark examining attorney has informed Applicant of Application Serial No. 88195590 for the trademark TI MEGA (and design) which precedes Applicant's filing date. Applicant informs the examining attorney that the owner of the '590 application did not file a Statement of Use or a Request for 6-month Extension of Time to file a Statement of Use by the current deadline of June 4, 2020. Although as of the filing date of this Response to Office Action, June 18, 2020, the '590 application status still shows LIVE in the online records of the United States Patent and Trademark Office, that application is dead as per TMEP 1109.04, 15 U.S.C. §1051(d)(4); 37 C.F.R. §2.88(k). Accordingly, the '590 application is no longer a potential bar against registration of Applicant's mark. 2) COLOR DRAWING DISAGREES WITH COLOR CLAIM AND DESCRIPTION - The trademark examining attorney is requiring Applicant to amend the color claim and description of the mark. Applicant submits an amended color claim and an amended description of the mark herein as suggested by the trademark examiner. CONCLUSION - Applicant believes the matters raised in the Office Action have been properly addressed and satisfied. Should the examiner raise any new issues which might be easily resolved, the undersigned counsel would welcome a telephone call or an informal e-mail from the examiner to expedite the case. Respectfully submitted, Robert M. Schwartz, Esq.
CORRESPONDENCE INFORMATION (current)
NAME ROBERT M. SCHWARTZ
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE trademark@patentmiami.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
DOCKET/REFERENCE NUMBER KA1541.001e
CORRESPONDENCE INFORMATION (proposed)
NAME Robert M. Schwartz
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE trademark@patentmiami.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
DOCKET/REFERENCE NUMBER KA1541.001e
SIGNATURE SECTION
RESPONSE SIGNATURE /robert m schwartz/
SIGNATORY'S NAME Robert M. Schwartz
SIGNATORY'S POSITION Attorney of record, Florida Bar Member No. 304018
SIGNATORY'S PHONE NUMBER 9549240707
DATE SIGNED 06/18/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Jun 18 10:33:14 ET 2020
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20200618103314541135-8862
3699-710f5a11d81cf4fc8b9f
ef1b759ab0154882ff29b639e
931e73dd4011d0c9a229-N/A-
N/A-20200618095109099418



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. 88623699 MEGA (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8862369 9/large) has been amended as follows:

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Kamolicel Ltd. a(n) limited company (ltd.), legally organized under the laws of British Virgin Islands, having an address of

            Marcy Building, 2nd Floor Purcell Estate      P.O. Box 2416
      Road Town,
      British Virgin Islands

Proposed: Kamolicel Ltd., limited company (ltd.) legally organized under the laws of British Virgin Islands, having an address of
      Marcy Building, 2nd Floor Purcell Estate
      P.O. Box 2416
      Road Town,
      British Virgin Islands
      Email Address: XXXX

ADDITIONAL STATEMENTS
Color Claim
The color(s) red, blue, and white is/are claimed as a feature of the mark.

Description of mark
The mark consists of a solid red circle with a cutout of the word MEGA in capital letters centered in the middle, and twelve small, solid blue stars evenly spaced between each other surrounding the outer perimeter of the red circle.

Miscellaneous Statement
Responsive to the Office Action issued on the instant application, Applicant responds as follows: 1) PRIOR-FILED PENDING APPLICATION - The trademark examining attorney has informed Applicant of Application Serial No. 88195590 for the trademark TI MEGA (and design) which precedes Applicant's filing date. Applicant informs the examining attorney that the owner of the '590 application did not file a Statement of Use or a Request for 6-month Extension of Time to file a Statement of Use by the current deadline of June 4, 2020. Although as of the filing date of this Response to Office Action, June 18, 2020, the '590 application status still shows LIVE in the online records of the United States Patent and Trademark Office, that application is dead as per TMEP 1109.04, 15 U.S.C. §1051(d)(4); 37 C.F.R. §2.88(k). Accordingly, the '590 application is no longer a potential bar against registration of Applicant's mark. 2) COLOR DRAWING DISAGREES WITH COLOR CLAIM AND DESCRIPTION - The trademark examining attorney is requiring Applicant to amend the color claim and description of the mark. Applicant submits an amended color claim and an amended description of the mark herein as suggested by the trademark examiner. CONCLUSION - Applicant believes the matters raised in the Office Action have been properly addressed and satisfied. Should the examiner raise any new issues which might be easily resolved, the undersigned counsel would welcome a telephone call or an informal e-mail from the examiner to expedite the case. Respectfully submitted, Robert M. Schwartz, Esq.

Correspondence Information (current):
      ROBERT M. SCHWARTZ
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@patentmiami.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is KA1541.001e.
Correspondence Information (proposed):
      Robert M. Schwartz
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@patentmiami.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is KA1541.001e.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /robert m schwartz/     Date: 06/18/2020
Signatory's Name: Robert M. Schwartz
Signatory's Position: Attorney of record, Florida Bar Member No. 304018

Signatory's Phone Number: 9549240707

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:    ROBERT M. SCHWARTZ
   ROBERT M. SCHWARTZ, P.A.
   
   P.O. BOX 221470
   HOLLYWOOD, Florida 33022
Mailing Address:    Robert M. Schwartz
   ROBERT M. SCHWARTZ, P.A.
   P.O. BOX 221470
   HOLLYWOOD, Florida 33022
        
Serial Number: 88623699
Internet Transmission Date: Thu Jun 18 10:33:14 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202006181033145
41135-88623699-710f5a11d81cf4fc8b9fef1b7
59ab0154882ff29b639e931e73dd4011d0c9a229
-N/A-N/A-20200618095109099418



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