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 |
88690509 |
LAW OFFICE ASSIGNED |
LAW OFFICE 123 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88690509/mark.png |
LITERAL ELEMENT |
SLAYER |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
OWNER SECTION (current) |
NAME |
Seattle Espresso Machine Corporation |
MAILING ADDRESS |
6133 6th Avenue South |
CITY |
Seattle |
STATE |
Washington |
ZIP/POSTAL CODE |
98108 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
OWNER SECTION (proposed) |
NAME |
Seattle Espresso Machine Corporation |
MAILING ADDRESS |
6133 6th Avenue South |
CITY |
Seattle |
STATE |
Washington |
ZIP/POSTAL CODE |
98108 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
EMAIL |
XXXX |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_5901412-2020080308373 1701108_._arguments_appln
._88690509.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\886\905\88690509\xml3\ ROA0002.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\886\905\88690509\xml3\ ROA0003.JPG |
DESCRIPTION OF EVIDENCE FILE |
arguments concerning PARTIAL SECTION 2(d) REFUSAL - LIKELIHOOD OF CONFUSION |
GOODS AND/OR SERVICES SECTION (007) (current) |
INTERNATIONAL CLASS |
007 |
DESCRIPTION |
(Based on Intent to Use) (Based on 44(d) Priority Application) Electric coffee mills; electric coffee grinders; electric ice-chopping
machines; multi-purpose apparatus, namely, food processors; dishwashing machines; electric food mixers |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
18134847 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
10/09/2019 |
GOODS AND/OR SERVICES SECTION (007) (proposed) |
INTERNATIONAL CLASS |
007 |
TRACKED TEXT DESCRIPTION |
(Based on Intent to Use) (Based on 44(d) Priority Application) Electric coffee mills; electric coffee grinders; electric ice-chopping machines; dishwashing machines; multi-purpose apparatus, namely, food processors; electric food mixers |
FINAL DESCRIPTION |
(Based on Intent to Use) (Based on 44(d) Priority Application) Electric coffee mills; electric coffee grinders; dishwashing machines;
electric food mixers |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
18134847 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
10/09/2019 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
GOODS AND/OR SERVICES SECTION (011) (current) |
INTERNATIONAL CLASS |
011 |
DESCRIPTION |
(Based on Use in Commerce) (Based on 44(d) Priority Application) Electric apparatus for making coffee; Electric coffee machines;
Electric coffee makers; Electric espresso machines; Steam generators; Steam producing machines; Steam boilers for steam generating; Apparatus and installations for steam generating |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 10/19/2016 |
FIRST USE IN COMMERCE DATE |
At least as early as 10/19/2016 |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
18134847 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
10/09/2019 |
GOODS AND/OR SERVICES SECTION (011) (proposed) |
INTERNATIONAL CLASS |
011 |
TRACKED TEXT DESCRIPTION |
(Based on Use in Commerce) (Based on 44(d) Priority Application) Electric apparatus for making coffee;
Electric coffee machines; Electric coffee makers; Electric espresso machines; Steam
generators; Steam generators being part of coffee machines; Steam producing machines; Steam boilers for steam generating; Apparatus and installations for steam generating |
FINAL DESCRIPTION |
(Based on Use in Commerce) (Based on 44(d) Priority Application) Electric apparatus for making coffee; Electric coffee machines;
Electric coffee makers; Electric espresso machines; Steam generators being part of coffee machines |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 10/19/2016 |
FIRST USE IN COMMERCE DATE |
At least as early as 10/19/2016 |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
18134847 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
10/09/2019 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
CORRESPONDENCE INFORMATION (current) |
NAME |
FRANCESCO BRAGA |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
fbraga@perani.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
DOCKET/REFERENCE NUMBER |
T023960/pl |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Francesco Braga |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
fbraga@perani.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
DOCKET/REFERENCE NUMBER |
T023960/pl |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/FRANCESCO BRAGA/ |
SIGNATORY'S NAME |
Francesco Braga |
SIGNATORY'S POSITION |
Attorney of Record, NY bar member |
SIGNATORY'S PHONE NUMBER |
+39 02 76316161 |
DATE SIGNED |
08/03/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Aug 03 08:41:08 ET 2020 |
TEAS STAMP |
USPTO/ROA-X.XX.XX.XX-2020
0803084108081344-88690509
-740dcc09c94712bf78ceda36
a78f22d2ae070959e6f86b41b
77d323bb3a338c3-N/A-N/A-2
0200803083731701108 |
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.
88690509 SLAYER (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8869050 9/large) has been amended as follows:
EVIDENCE
Evidence has been attached: arguments concerning PARTIAL SECTION 2(d) REFUSAL - LIKELIHOOD OF CONFUSION
Original PDF file:
evi_5901412-2020080308373 1701108_._arguments_appln
._88690509.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1Evidence-2
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 007 for (Based on Intent to Use) (Based on 44(d) Priority Application) Electric coffee mills; electric coffee grinders; electric ice-chopping machines; multi-purpose apparatus, namely, food
processors; dishwashing machines; electric food mixers
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide
intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application.
For a
collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to
exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority
based upon a foreign application.
For a certification application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate
control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services
to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 18134847 filed 10/09/2019]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: (Based on Intent to Use) (Based on 44(d) Priority Application) Electric coffee mills;
electric coffee grinders;
electric ice-chopping machines;
dishwashing machines;
multi-purpose apparatus, namely, food
processors;
electric food mixersClass 007 for (Based on Intent to Use) (Based on 44(d) Priority Application) Electric coffee mills; electric coffee grinders;
dishwashing machines; electric food mixers
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide
intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application.
For a
collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to
exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority
based upon a foreign application.
For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise
legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the
goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 18134847 filed
10/09/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Applicant proposes to amend the following:
Current:
Class 011 for (Based on Use in Commerce) (Based on 44(d) Priority Application) Electric apparatus for making coffee; Electric coffee machines; Electric coffee makers; Electric espresso machines;
Steam generators; Steam producing machines; Steam boilers for steam generating; Apparatus and installations for steam generating
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/19/2016 and first used in commerce at least as early as 10/19/2016 , and
is now in use in such commerce.
Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide
intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application.
For a
collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to
exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority
based upon a foreign application.
For a certification application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate
control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services
to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 18134847 filed 10/09/2019]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: (Based on Use in Commerce) (Based on 44(d) Priority Application) Electric apparatus for making coffee;
Electric coffee
machines;
Electric coffee makers;
Electric espresso machines;
Steam generators;
Steam generators being part of coffee machines;
Steam producing machines;
Steam boilers for steam
generating;
Apparatus and installations for steam generatingClass 011 for (Based on Use in Commerce) (Based on 44(d) Priority Application) Electric
apparatus for making coffee; Electric coffee machines; Electric coffee makers; Electric espresso machines; Steam generators being part of coffee machines
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/19/2016 and first used in commerce at least as early as 10/19/2016 , and
is now in use in such commerce.
Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide
intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application.
For a
collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to
exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority
based upon a foreign application.
For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise
legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the
goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 18134847 filed
10/09/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Seattle Espresso Machine Corporation, a corporation of Washington, having an address of
6133 6th Avenue South
Seattle, Washington 98108
United States
Proposed: Seattle Espresso Machine Corporation, a corporation of Washington, having an address of
6133 6th Avenue South
Seattle, Washington 98108
United States
Email Address: XXXX
Correspondence Information (current):
FRANCESCO BRAGA
PRIMARY EMAIL FOR CORRESPONDENCE: fbraga@perani.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is T023960/pl.
Correspondence Information (proposed):
Francesco Braga
PRIMARY EMAIL FOR CORRESPONDENCE: fbraga@perani.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is T023960/pl.
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: /FRANCESCO BRAGA/ Date: 08/03/2020
Signatory's Name: Francesco Braga
Signatory's Position: Attorney of Record, NY bar member
Signatory's Phone Number: +39 02 76316161
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: FRANCESCO BRAGA
PERANI & PARTNERS S.P.A.
PIAZZA ARMANDO DIAZ 7
MILANO, 20123
Mailing Address: Francesco Braga
PERANI & PARTNERS S.P.A.
PIAZZA ARMANDO DIAZ 7
MILANO, 20123
Serial Number: 88690509
Internet Transmission Date: Mon Aug 03 08:41:08 ET 2020
TEAS Stamp: USPTO/ROA-X.XX.XX.XX-2020080308410808134
4-88690509-740dcc09c94712bf78ceda36a78f2
2d2ae070959e6f86b41b77d323bb3a338c3-N/A-
N/A-20200803083731701108