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 |
88846728 |
LAW OFFICE ASSIGNED |
LAW OFFICE 109 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88846728/mark.png |
LITERAL ELEMENT |
RED VOLCANO |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
The color(s) red is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the words "Red Volcano" in which the term "RED" is written in the color red in small letters above the "V" of VOLCANO" and
the "A" of "VOLCANO" is represented by a red stylized flame device. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
021 |
DESCRIPTION |
Cooking pots and pans; non-electric cooking utensils, namely, spatulas, mixing spoons and whisks; non-electric fondue pots without heat
source; cookware, namely, roasting pans; non-electric kettles; non-electric woks; household containers for preparing, storing, keeping warm and serving foodstuffs and beverages |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
18164117 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
12/11/2019 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
021 |
DESCRIPTION |
Cooking pots and pans; non-electric cooking utensils, namely, spatulas, mixing spoons and whisks; non-electric fondue pots without heat
source; cookware, namely, roasting pans; non-electric kettles; non-electric woks; household containers for preparing, storing, keeping warm and serving foodstuffs and beverages |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
18164117 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
12/11/2019 |
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. |
DELETED FILING BASIS |
1(b) |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
18214360 |
FOREIGN REGISTRATION
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN REGISTRATION
DATE |
07/07/2020 |
FOREIGN EXPIRATION DATE |
03/24/2030 |
DATE FOREIGN REGISTRATION
RENEWED
(if applicable) |
03/24/2030 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU0-7222973147-071819656
_._RED_VOLCANO_Logo_-_EU_ Registration_Certificate.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\888\467\88846728\xml5\ ROA0002.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\888\467\88846728\xml5\ ROA0003.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\888\467\88846728\xml5\ ROA0004.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\888\467\88846728\xml5\ ROA0005.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
NO |
ADDITIONAL STATEMENTS SECTION |
COLOR(S) CLAIMED
(If applicable) |
The color(s) red and black is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the words "Red Volcano" in which the term "RED" is written in the color red in small letters above the letter "V" in the
word "VOLCANO" and the letter "A" in the word "VOLCANO" is represented by a red stylized flame device. The remaining letters in the word "VOLCANO", namely, the letters "VOLC" and "NO", appear in
black. The white background is used to show placement, and is not claimed as a feature of the mark. |
CORRESPONDENCE INFORMATION (current) |
NAME |
MARTIN W. SCHIFFMILLER |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
mws@kirschsteinlaw.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
de@kirschsteinlaw.com |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Martin W. Schiffmiller |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
mws@kirschsteinlaw.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
de@kirschsteinlaw.com |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Martin W. Schiffmiller/ |
SIGNATORY'S NAME |
Martin W. Schiffmiller |
SIGNATORY'S POSITION |
Attorney |
SIGNATORY'S PHONE NUMBER |
212-697-3750 |
DATE SIGNED |
07/09/2020 |
RESPONSE SIGNATURE |
/Martin W. Schiffmiller/ |
SIGNATORY'S NAME |
Martin W. Schiffmiller |
SIGNATORY'S POSITION |
Attorney |
SIGNATORY'S PHONE NUMBER |
212-697-3750 |
DATE SIGNED |
07/09/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Jul 09 07:26:11 ET 2020 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XXX-2
0200709072611724948-88846
728-7105b41e8b79491c22ecf
a3a5c2243a4d7ecc38119f925
8b4b54f361b489606e37-N/A-
N/A-20200709071819656381 |
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.
88846728 RED VOLCANO (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8884672 8/large) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 021 for Cooking pots and pans; non-electric cooking utensils, namely, spatulas, mixing spoons and whisks; non-electric fondue pots without heat source; cookware, namely, roasting pans;
non-electric kettles; non-electric woks; household containers for preparing, storing, keeping warm and serving foodstuffs and beverages
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 18164117 filed 12/11/2019]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Class 021 for Cooking pots and pans; non-electric cooking utensils, namely, spatulas, mixing spoons and whisks; non-electric fondue pots without heat source; cookware, namely, roasting pans;
non-electric kettles; non-electric woks; household containers for preparing, storing, keeping warm and serving foodstuffs and beverages
Deleted Filing Basis: 1(b)
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 18164117 filed
12/11/2019]. 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.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 18214360
registered 07/07/2020 with a renewal date of 03/24/2030 and an expiration date of 03/24/2030 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-7222973147-071819656
_._RED_VOLCANO_Logo_-_EU_ Registration_Certificate.pdf
Converted PDF file(s) ( 4 pages)
Foreign Registration-1Foreign Registration-2Foreign Registration-3Foreign Registration-4
ADDITIONAL STATEMENTS
Color Claim
The color(s) red and black is/are claimed as a feature of the mark.
Description of mark
The mark consists of the words "Red Volcano" in which the term "RED" is written in the color red in small letters above the letter "V" in the word "VOLCANO" and the letter "A" in the word "VOLCANO"
is represented by a red stylized flame device. The remaining letters in the word "VOLCANO", namely, the letters "VOLC" and "NO", appear in black. The white background is used to show placement, and
is not claimed as a feature of the mark.
Correspondence Information (current):
MARTIN W. SCHIFFMILLER
PRIMARY EMAIL FOR CORRESPONDENCE: mws@kirschsteinlaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): de@kirschsteinlaw.com
Correspondence Information (proposed):
Martin W. Schiffmiller
PRIMARY EMAIL FOR CORRESPONDENCE: mws@kirschsteinlaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): de@kirschsteinlaw.com
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)
Declaration Signature
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful
false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or
allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this
submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally
believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in
connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of
the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective
membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over
the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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.
To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either
in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion
or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C.
§§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark
application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the
mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or
certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention,
and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of
the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other
persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be
likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
Signature: /Martin W. Schiffmiller/ Date: 07/09/2020
Signatory's Name: Martin W. Schiffmiller
Signatory's Position: Attorney
Signatory's Phone Number: 212-697-3750
Response Signature
Signature: /Martin W. Schiffmiller/ Date: 07/09/2020
Signatory's Name: Martin W. Schiffmiller
Signatory's Position: Attorney
Signatory's Phone Number: 212-697-3750
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: MARTIN W. SCHIFFMILLER
KIRSCHSTEIN ISRAEL SCHIFFMILLER & PIERONI, P.C.
425 FIFTH AVENUE, FIFTH FLOOR, SUITE 501
NEW YORK, New York 10016-2223
Mailing Address: Martin W. Schiffmiller
KIRSCHSTEIN ISRAEL SCHIFFMILLER & PIERONI, P.C.
425 FIFTH AVENUE, FIFTH FLOOR, SUITE 501
NEW YORK, New York 10016-2223
Serial Number: 88846728
Internet Transmission Date: Thu Jul 09 07:26:11 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2020070907261172
4948-88846728-7105b41e8b79491c22ecfa3a5c
2243a4d7ecc38119f9258b4b54f361b489606e37
-N/A-N/A-20200709071819656381