Response to Office Action

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 90001996 GOLDEN CROWN (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9000199 6/large) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Response to Office Action for Application GOLDEN CROWN and Design Ser. No. 90001996 Class 30 Applicant seeks registration of the mark GOLDEN CROWN and Design Ser. No. 90001996 in Class 30 for processed grains, namely, rice; unprocessed quinoa; orzo. In its application, Applicant cited its long standing prior registrations for the marks: GOLDEN Reg. No. 2122597 in Class 30 for Rice, Honey, Spices, Sauces and Pepper, which was registered 12-23- 1997 and has a Use in Commerce date of July 01, 1986; GOLDEN Reg No. 4144622 in Class 29 for processed beans; prepared meals consisting primarily of poultry and beans; lentils, processed nuts, processed, canned or bottled vegetables, vegetable oils, processed dates, processed edible seeds, processed coconut, dips, excluding salsa and other sauces used as dips; hummus and falafel mix, which was registered 05-22-2012 and has a Use in Commerce date of July 01, 1986; and Design of Swirl Reg. No. 5949195 in Class 30 processed grains, namely, rice which was registered 12-31-2019 and has a Use in Commerce date of Jul. 01, 1986. Examining Attorney issued this Office Action refusing registration because of a likelihood of confusion with another registered mark that was filed after both of Applicant?s prior GOLDEN marks were registered: GOLDEN CROWN GARDEN and Design Reg. No. 4468398 for Tea; molasses for food; instant rice; flour for food; condiments, namely, oyster sauce, ketchup, pepper sauce, Soya bean paste, Worcestershire sauce, Barbecue sauce, teriyaki sauce; soy sauce; vinegar; food leavening agents; Curry powder, chili powder, pepper powder essences for foodstuffs, except etheric essences and essential oils; meat tenderizers, for household purposes; flavoring sauce (the ?398 Mark?). The Examining Attorney found that the marks were similar. Respectfully, the Examining Attorney noted that Applicant?s mark was GOLDEN CROWN, when in fact, this application is for the mark GOLDEN CROWN and Design, employing not only the same word mark as its prior existing two registrations for GOLDEN, but also an elaborate design that includes Applicant?s registered Design of Swirl (Reg. No. 5949195). The cited GOLDEN CROWN GARDEN and Design mark (the ?398 Mark?) differs greatly from Applicant?s mark in appearance and commercial impression. The 398 Mark features a large design of Chinese characters with a shaded rectangle and decorative border. The words GOLDEN CROWN GARDEN appear in very small letters under the large design that dominates the mark. In stark contrast, Applicant?s mark features an elaborate design with lions, and a crown above the registered Design of Swirl and laurels and additional swooshes. The Examining Attorney noted that the goods are overlapping and travel in the same channels of trade. Indeed, the goods in Applicant?s pending application include the same as those in Applicant?s other long-standing registrations including rice. Accordingly, Applicant respectfully requests that the Examining Attorney approve the application for publication.
Correspondence Information (current):
      SUSAN MEYER
      PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@greensfelder.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): smeyer@greensfelder.com

The docket/reference number is 48408-888020.
Correspondence Information (proposed):
      Susan Meyer
      PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@greensfelder.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): smeyer@greensfelder.com

The docket/reference number is 48408-888020.

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: /Susan Meyer/     Date: 03/17/2021
Signatory's Name: Susan Meyer
Signatory's Position: Attorney of Record, IL Bar Member

Signatory's Phone Number: 312-345-5019 Signature method: Signed directly within the form

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:    SUSAN MEYER
   GREENSFELDER, HEMKER & GALE, P.C.
   SUITE 3300 - ATTN: TM DOCKET
   200 W. MADISON STREET
   CHICAGO, Illinois 60606
Mailing Address:    Susan Meyer
   GREENSFELDER, HEMKER & GALE, P.C.
   SUITE 3300 - ATTN: TM DOCKET
   200 W. MADISON STREET
   CHICAGO, Illinois 60606
        
Serial Number: 90001996
Internet Transmission Date: Wed Mar 17 22:17:40 ET 2021
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-202103172217403473
55-90001996-770992ccceae5ed5b64f4a65f88c
91f6e274b6056d3eb255d17a7c6292e63c42-N/A
-N/A-20210317221511131012